Lizarraga

People v. Lizarraga

Good Law
108 Cal. App. 152·1930 Cal. App. LEXIS 147·291 P. 434
Court of Appeal of CaliforniaSeptember 10, 1930Docket No. 1576.California666 words

Opinion

Lead Opinion

Tyler, J.

Appellant was accused by information with the crime of murder. He entered a plea of not guilty by reason of insanity. Trial was had and the jury adjudged him to be sane at the time of the commission of the crime. The court passed judgment that appellant was guilty of murder in the first degree and sentence was imposed that he be imprisoned for the term of his natural life. Motion for a new trial was made and denied and this is an appeal from the judgment and order.

The facts show that defendant, a war veteran, was receiving compensation from the United States Government by reason of disability. On August 19, 1929, he accosted one Egis Ashnaum, a Red Cross nurse, on the street and insisted upon her furnishing him with the allowance which he claimed was due him. She directed him to go to her office at the Red Cross headquarters. Being under the impression that he was defrauded, he thereupon slashed her throat with a knife, from which wound she died a few hours later. At the trial the only issue involved was whether or not defendant was sane at the time of the commission of the crime. As above stated, the jury found defendant to be sane, and it is here claimed that the evidence…

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