Schiers

I dissent from the order denying a hearing in this ease.

Rule on Appeal 29(a) declares: “A hearing in the Supreme Court after decision by a District Court of Appeal will be ordered (1) where it appears necessary to secure uniformity of decision or the settlement of important questions of law. . . .” (Emphasis added.) A hearing of the case should have been granted for both reasons because the prosecution introduced evidence of a lie detector test before the jury.

Officer Belle was the last witness in the prosecution’s case in chief. He was asked: “Did you at any time ask him [defendant] about the benzedrine showing up blood on his skin ? ’ ’ Belle related an interview with defendant. During this he said: “On the night of February 12th, we had taken him to the Police Administration Building and gave him a lie detector test and told him that the test indicated that he was lying and asked him if he could explain that, and he said, ‘No, there was something wrong with the machine.’

“When we first asked him to take the test, he was agreeable to take it. So Lietenant [sic] Putty explained the test to him and asked him to pick out a card with a number on it, and when he was asked what…

In a jury trial, Wallace LeRoy Schiers was convicted of the second degree murder of his wife, Lillian R. Schiers. He appeals from the judgment and the denial of his motion for new trial.

The conviction was based upon evidence of the following facts: Mr. and Mrs. Schiers were married in 1952. They resided in a single-story two bedroom house in Granada Hills. Defendant, a major in the air force reserve, was employed as an electronic assembly supervisor at the Bendix aviation plant *367 in San Fernando Valley. His wife was a member of the Granada Hills Women’s Club and took a prominent part in club activities.

On the morning of February 12, 1957, Mrs. Schiers had an appointment to meet a Mrs. Butcher and a Mrs. Peterson at the women’s club. Alarmed by her failure to keep the appointment, the two ladies went to the Schiers’ residence at 10914 Gaynor Street. They rang the bell and knocked on the door, but no one answered. Mrs. Peterson went to the rear of the house and entered through the back door, which was unlocked. Upon opening the door to Mrs. Schiers’ bedroom, Mrs. Peterson discovered her nude body lying on the floor beside the closet. Mrs. Schiers had been brutally beaten;…

In a jury trial, Wallace LeRoy Schiers was convicted of the second degree murder of his wife, Lillian R. Schiers. He appeals from the judgment and the denial of his motion for new trial.

The conviction was based upon evidence of the following facts: Mr. and Mrs. Schiers were married in 1952. They resided in a single-story two bedroom house in Granada Hills. Defendant, a major in the air force reserve, was employed as an electronic assembly supervisor at the Bendix aviation plant in San Fernando Valley. His wife was a member of the Granada Hills Women's Club and took a prominent part in club activities.

On the morning of February 12, 1957, Mrs. Schiers had an appointment to meet a Mrs. Butcher and a Mrs. Peterson at the women's club. Alarmed by her failure to keep the appointment, the two ladies went to the Schiers' residence at 10914 Gaynor Street. They rang the bell and knocked on the door, but no one answered. Mrs. Peterson went to the rear of the house and entered through the back door, which was unlocked. Upon opening the door to Mrs. Schiers' bedroom, Mrs. Peterson discovered her nude body lying on the floor beside the closet. Mrs. Schiers had been brutally…