Collier

The appellant was charged with two counts, the first count for violation of Penal Code section 217 in that he did wilfully, unlawfully and feloniously make an assault with a deadly weapon (a pistol) on Thelma Nickerson with intent to murder her; and the second count for violation of Penal Code section 12021 in that he had in his possession a pistol and had theretofore been convicted of a felony, the crime of escape. The matter was tried before a jury and he was found guilty on both counts and sent to state prison.

The appellant on the afternoon of September 26, 1963, had told a Maggie Jones that he was going to shoot Thelma Nickerson—not to kill her, but to fix her so that no one else would want her. That evening Thelma Nickerson, Virgie Mae Smith and Addie Mae Timmons walked out of the front door of the house of one of the women in Bakersfield. The Nickerson car was parked in front of the house; appellant’s car was parked down the same street. As she approached her car the appellant walked up to her and after a short conversation, and without further warning, the appellant is alleged to have shot her twice in the interior median aspect of her right upper leg. The appellant then…

I dissent. The only question on appeal is whether the Escobedo 1 and Dorado 2 rule makes the admission in evidence of the confession of the defendant reversible error. The guilt of the defendant was amply and conclusively proved by numerous witnesses entirely aside from his confession. He shot the victim, a married woman, in the upper thigh, after declaring that he would fix her so that no other man would want her. His confession was complete, damning, and voluntary; it was not made in the process of accusation or interrogation but was a wholly voluntary act within the meaning of the authorities. He went to police headquarters on his own legs, when his brother told him that the law enforcement authorities wanted to see him.

The police had begun to make a preliminary investigation of the shooting within a short time before his appearance at headquarters and they were continuing this investigation at the time the defendant appeared there. The police did not at that time press inquiries or cross-examine him, but permitted the defendant, in his own way, to state what he knew about the crime, He was not then under arrest and he was not handcuffed or mistreated in any way. At that…