Opinion

People v. Cullen

  • 37 Cal. 2d 614
  • 234 P.2d 1
  • 1951 Cal. LEXIS 316
Court
California Supreme Court
Filed
Jul 27, 1951
Status
Published
Author
Carter
On the bench
Shenk, Carter
Cited by
134 cases

defendant made statements to police and witness that defendant’s wife and father-in-law, with whom he lived, had died in their house and that he knew where the bodies were; he hoped the police "wouldn’t get anywhere because they had no corpus delicti"; defendant forged his father-in-law's pension check; bloody clothing was found in the home and wet spots of human blood on the carpet; attempt was made to sand the floor and wash off the blood

How later courts described this case

  • defendant made statements to police and witness that defendant’s wife and father-in-law, with whom he lived, had died in their house and that he knew where the bodies were; he hoped the police "wouldn’t get anywhere because they had no corpus delicti"; defendant forged his father-in-law's pension check; bloody clothing was found in the home and wet spots of human blood on the carpet; attempt was made to sand the floor and wash off the blood
  • evidence that victim intended to leave defendant, her husband, along with defendant’s admissions and bloodstains, established corpus delicti for first degree murder
  • victim disappeared, proof that defendant forged victim’s check, proof of bloodstains on rug and clothing and proof of defendant’s incriminating statements

Written by the judges who cited it.

The opinion

CARTER, J.

I dissent.

In my opinion the evidence was insufficient to establish the corpus delicti, and the trial court committed prejudicial error in stating in the presence of the jury that the corpus delicti had been established.

I would, therefore, reverse the judgment and remand the case for a new trial.

Appellant’s petition for a rehearing was denied August 23, 1951. Carter, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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