Roth
People v. Roth
Opinion
Opinion
Files, J.
The record contains evidence of these events: On October 13, 1962, about 4 a.m. defendant, a youth of 18, accompanied by a juvenile named Tim, aged 17, arrived at Zuma Beach. They had been drinking Scotch whiskey and beer since 7 o’clock the previous evening, though by defendant's own statement he was not drunk. As they walked along the beach they saw a young couple, George and Betty, sleeping on the beach under a blanket. Defendant pulled off the blanket and attacked George, seizing him by the throat. Tim took Betty by the throat and lifted her up. While George fought with defendant, Betty broke loose and ran to their automobile. She started the engine, drove a few feet, and honked the horn. Tim followed her. In the dark she thought he was George, so she let him in. Tim pulled her out of the car and dragged her hack to the beach. Tim then joined with defendant in hitting and kicking George, who was down on the sand. A few minutes later Betty again ran for the car. This time defendant caught her, knocked her down on the pavement and then took her by the hair and knocked her head against the pavement as he ordered her to stop screaming. Then he dragged her back to the vicinity of…