*1 851 April 28, 1941.] In Bank. [Crim. No. 4344. LININGER, Respondent,
THE PEOPLE, v. JOHN Barkley Appellant. for C. C. Deputy Q. Brown, Attorney-General, and J. Warren,
Earl Attorney-General, Respondent. for appellantpleadedguilty The to the
EDMONDS, J. hearing following murder a at which evidence crime of and it concerning introduced the circumstances under which was imposed In a death sentence. committed, the court was incorrectly up case, judge the trial stated that the the already urged killed is appellant two men”. It now “has appellant judge’s had the belief that the killed a man that the crime for he committed which he is now under before penalty him assess the maximum rather caused to sentence imprisonment, and of life constitutes sentence than a judgment. of the requiring a reversal error a appellant, man, forty that married evidence discloses This Jette, years E. who was some age, and Louis his years of prior having time to the homicide had been some junior, for which commenced relations when the sexual two unnatural prison. appellant The in Montana was a mates cell were having shot, although fatally, for not serving a sentence then engaged practices. in had similar he After whom a man with 852 appellant’s
the prison procuring release from he in assisted parole a appellant for Jette. Thereafter to on the work went family. the farm Montana where Jette lived with The his families the improper of two men discovered their relations *2 apparently placed and appellant. Jette the entire on the blame This and the asserted threat of Jette to commit similar acts appellant’s on the living wife in stepdaughter, and then Alaska respectively, by and Texas him were advanced the as motivating force leading the homicide. admitted to He that he by followed Jette to him placing this state and killed a cyanide can of poison exterminating in rodents, in his used cabin. apprehended. He then fled but was soon appellant-
The length concerning testified at the circum- stances surrounding the of commission the crime and im- in posing judge sentence the “In case said: this the defendant pervert. already is sexual a He has killed men.” But two he also length upon commented at and the evidence stated mitigating that there were no circumstances which would justify True, say: imprison- a life sentence. he did “Life years is practically joke, ment fifteen a at the outside.” This language unjudicial question is but there be no can that it a express was intended to that life sentence a view with the possibility parole years of within a few a was not sufficient punishment Among for the which had been committed. crime judge only argument other the that “the things, said in his favor, why say penalty that is to death im- the should not be posed, apparently guilty pleaded is that he has the and saved county expense. . . in nothing some . There the is evidence to any me to that he would comeout cured or indicate He better. age might would still be of an when he commit those with acts might people people’s other and take other lives. ...” is, therefore, apparent although judge It that the was mis- concerning previous in the taken his statement crime com- by appellant, the the death imposed mitted sentence was not because, opinion, in for that reason but his the evidence did imprisonment justify by for punishment not might what be much less than life. a term judgment
The is affirmed. Shenk, J., J., Curtis, J., Traynor, and Gibson, J., C. con- curred. judgment in the
CARTER, J. I concur of affirmance.