People v. Williams

By grand jury indictment, Douglas Tumbeau, George Jordan and appellant Williams were accused of murdering Brian Clay. Appellant’s trial was severed from that of the others; he was tried by a jury, found guilty of second degree murder (Pen. Code, §§ 187, 189) and now appeals. He makes five contentions.

*641 I

Appellant first contends his conviction rests solely upon the uncorroborated testimony of Tumbeau, an accomplice, in violation of Penal Code, section 1111. 1 We disagree.

At approximately 9:15-9:30 p.m. the night of December 9, 1968, Brian Clay left his fraternity house on 28th Street, near the University of Southern California campus, to go to the car of a fraternity brother. The automobile was parked at the curbing near the intersection of West 28th and South Hoover Streets in Los Angeles. Defendant Tumbeau was granted immunity pursuant to Penal Code, section 1324. He testified that he, Jordan and appellant were walking up 28th Street when the victim was seen coming from the fraternity house and going toward the parked car. Appellant pulled an “instrument” (later identified as a two-edged knife) from his waistband or trousers’ pocket and ran forward. He reached…