People v. Scott

176 Cal.App.2d 458 (1960)

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Nature of the Case

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Facts

Mrs. Scott (W) was 63 years of age. Her marriage to D was her fifth whom she married in 1949. W had an estate of the value of some $400,000, consisting of property in Milwaukee and securities worth about $190,000. Her yearly income was around $20,000. A few years after her marriage to D she converted securities worth in excess of $200,000 into cash and made no new investments. Her income thereafter was from her Milwaukee property and amounted to about $17,000 a year. D was without income and depended upon W for support. W was in good mental and physical health. When she disappeared, she went without money or extra clothing and left behind two pairs of eyeglasses and a denture which she habitually wore, and which were subsequently found on adjoining property buried under leaves and ashes. D attempted to frustrate the investigation, and his every act and statement proved beyond question that he knew W was dead. Numerous witnesses testified to W's character, the many close friendships she enjoyed and to her apparent satisfaction with her way of life. Her most intimate friend was Mrs. Mildred Schuchardt. Telephone conversations between them were of almost daily occurrence. Mrs. Schuchardt's last conversation with W was by telephone on May 4, 1955. W said nothing about taking a trip and stated that as for living abroad she would be unhappy to be away from her friends. The list of witnesses with repetitive evidence goes on and on and on. The significant fact of the discovery by the police of certain articles, including two pairs of eyeglasses and a denture containing five teeth, which W had used for a number of years and continuously up to the time of her disappearance. Upon numerous occasions, long before W disappeared, D made statements to her friends that she was seriously ill. W was most particular of her personal appearance and kept regular weekly appointments at a beauty shop. On the morning of May 17th, by telephone from an unidentified source, her appointment for that day and all future weekly appointments were canceled. On May 26th, D wrote to an insurance broker through whom a policy had been issued covering W's jewelry canceling the insurance on about $6,500 of her jewelry and directing the coverage of certain articles of men's jewelry. These instructions were to be effective as of May 17^th and were duly carried out by the broker. On May 19th, D forged Mrs. Scott's name to a signature card giving him access with his wife to her safety deposit box in the Security First National Bank, Westwood Branch. He encountered some difficulty in accomplishing this but persuaded the bank officials to accept the card without W's presence, asserting that she was ill and unable to appear at the bank. D was arrested April 25, 1956, and was questioned. D was indicted for 13 offenses of forgery and grand theft and was arrested. D made bail and fled to Canada where he was apprehended the following year. D was convicted of murder and appealed. D contends that since no body was produced, no direct evidence of death was introduced and there was no confession, the People's case was based upon mere suspicion and conjecture.