People v. Anderson,

70 Cal. 2d 15, 447 P.2d 942 (1968)

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Nature of the Case

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Facts

Anderson (D) was indicted for the murder of a 10-year-old girl. D had been living with a Mrs. Hammond and her three children. On the morning of the murder, D did not go to work and when Mrs. Hammond had gone to work D was at home with Victoria, her ten-year-old. There was evidence that D had been drinking heavily during the past two days. When Victoria's 13-year-old brother returned from home at 3:30 he found the doors locked and blood on the floor but was told that D had but himself. The brother left the house by 4:00 to go to a teen dance. The mother had returned home to find blood on the couch and was told that the older brother had cut himself. The mother then got the opportunity to question her son and decided to look for Victoria when they discovered her nude body under some boxes and blankets on the floor. It was determined that D's alcohol blood level was above that of an automobile driver under the influence. D was arrested with ample evidence found to support the fact that D had killed Victoria. D was convicted of first-degree murder and appealed.