People v. Butler

Thomas Butler appeals from a conviction by a jury of second degree murder (Pen. Code, § 187). The verdict was rendered on February 6, 1969. Probation was denied and appellant was sent to prison for the term prescribed by law on February 27,1969.

Prior to these proceedings, appellant was tried on the same murder charge. The jury disagreed and a mistrial was declared.

At shortly after 8 p.m. on June 22, 1968, Los Angeles Police Officer Jackson proceeded to 1305 West 8th Street in Los Angeles in response to a call for an ambulance because of a “cutting.” The ambulance call, according to hospital records, was received at 8:07 p.m.

Arriving at apartment No. 3 of the above address, Jackson found the victim, Mr. Fuji, lying on his back beside the bed in the bedroom. He was alive. The ambulance attendants were placing a bandage over a wound in his abdomen. Fuji was not wearing a shirt.

Appellant was standing nearby. Asked whether he knew what had happened, appellant stated he had arrived at 7 p.m., found the victim and immediately phoned for an ambulance. Fuji died at 10:41 p.m. that night. A medical expert testified that a person with a similar wound might remain conscious…