People v. Alcalde

In People v. Alcalde, 24 Cal.2d 177, 148 P.2d 627 (1944) the defendant was tried and convicted of first degree murder for the brutal slaying of a woman whom he had been seeing socially. One of the issues before the California Supreme Court was the asserted error by the trial court in allowing the introduction of certain hearsay testimony concerning statements made by the victim on the day of her murder. The testimony was highly incriminating, because the victim reportedly said that she was going out with Frank, the defendant, on the evening she was murdered. On appeal, a majority of the California Supreme Court affirmed the defendant's conviction, holding that Hillmon was "the leading case on the admissibility of declarations of intent to do an act as proof that the act thereafter was accomplished." 148 P.2d at 631. Without purporting to "define or summarize all the limitations or restrictions upon the admissibility of" such evidence, id. at 632, the court did mention several prudential considerations not unlike those mentioned by Chief Justice Beasley in Hunter. Thus, the declarant should be dead or otherwise unavailable, and the testimony concerning his statements should be relevant and possess a high degree of trustworthiness. Id. at 631. The court also noted that there was other evidence from which the defendant's guilt could be inferred. Applying these standards, the court found no error in the trial court's admission of the disputed hearsay testimony. "Unquestionably the deceased's statement of her intent and the logical inference to be drawn therefrom, namely, that she was with the defendant that night, were relevant to the issue of the guilt of the defendant." Id. at 632.