Webster

People v. Webster

Good Law
1967 Cal. App. LEXIS 1452·254 Cal. App. 2d 743·62 Cal. Rptr. 476
Court of Appeal of CaliforniaSeptember 28, 1967Crim. No. 9755California5,843 words

Opinion

Lead Opinion

Ford, J.

In a trial by jury the defendant was found guilty of murder in the first degree. The penalty was fixed as life imprisonment. He was sentenced to be punished by imprisonment in the state prison for the term of his natural life. He has appealed from the judgment.

Three contentions are made: 1. The defendant’s statement that he had choked the victim, Diane Harley, was received in violation of the Escobedo-Dorado rule (Escobedo v. Illinois, 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ], and People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]). 2. Evidence that in 1946 the defendant had killed a woman in Orange County was erroneously introduced by the prosecution. 3. Evidence that the defendant told the victim, Diane Harley, that he was a captain in the Narcotics Division of the Long Beach Police Department and was working on an important case should have been excluded. A resume will be given of portions of the evidence in the light of which such contentions must be determined.

Edith L. Harris, who resided in the apartment adjoining *746 that in which Diane Harley lived, testified that on the morning of September 5, 1963, she saw Mrs. Harley’s body on the ground in…

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