People v. Palmer

A jury found defendant guilty of murder of the second degree. He appeals from the judgment.

Defendant and Robert Gibbons, the deceased, lived together in apartment 4 at 1102 Dawson Street in Long Beach and represented themselves as brothers. The apartment was in a court. During the afternoon of July 1, 1959, defendant was seen entering and leaving the apartment several times. June Clem saw him walking into the court sometime before 5 p. m. About 5:30 p. m. the manager received the rent for apartment 4 from the deceased. A short time thereafter she and June Clem heard a thud.

A few minutes before 6 p. m. Fred Goode saw defendant come in with the deceased. Defendant had the deceased “by the shirt of the right shoulder and was kind of pushing and leading him toward the court.” The deceased “had kind of a staring, shocked look on his face, kind of a blank stare, wide-eyed stare. He had his right hand across his stomach. They turned into the court.”

Jean Reynolds also saw defendant and the deceased. She said they were side by side; defendant held the deceased by the shoulder. The deceased had his hand over his abdomen; he “looked like he might have been—well, he sort of pinched his…