2nd of 9 children of ISAAC ZIMMERI ALBERTSON & HARRIET ELIZA "HATTIE" BAINBRIDGE
Religion: Church elder
Occupation: Mechanic, booster station operator, blacksmith, chiropractor, truck driver
Married (1): Sep 9, 1922, EVA MAE WILLIAMS, Trinidad, Las Animas Co., Colorado
One child:
1. Charlene ALBERTSON
1932 -
Married (2): Mar 14, 1953, BERTHA FLORENCE (ANDERSON) HINTZ, Los Angeles Co., California
No children
========
"MURDER BY MAIL"
Note: In Oct of 1941, Oscar was arrested for murder; in Jan of 1944 he was convicted and sent to death row, awaiting the gas chamber. Ten to fifteen years later he was acquitted as they caught the real killer. His wife Eva died in Los Angeles in 1949.
========
People v. Albertson, 23 Cal.2d 550
[Crim. No. 4457.
Jan. 19, 1944.]
THE PEOPLE, Respondent, v. OSCAR L. ALBERTSON, Appellant.
OPINION
CARTER, J.
Upon evidence entirely circumstantial a jury found defendant Oscar L. Albertson guilty of the crime of killing John Kmetz by means of poisoned vitamin capsules, and returned a verdict of murder in the first degree without recommendation. Motion for new trial was denied and a judgment imposing the death penalty is automatically before this court for review (Pen. Code, sec. 1239). ....
Taken as a whole the evidence points unerringly to Albertson as the person who, actuated by any one of several motives, conceived and carried out a thoroughly premeditated plan to kill the husband of Esther Dockham. The hand of Albertson is clearly seen in the preparation and mailing of the letter in the name of "The Herb Specialty Co." There can be no reasonable doubt whatever that the discarded box in which the vitamin pills he bought for Esther Dockham were marketed furnished the design as well as the material for the vehicle used to carry the poison to Kmetz.
The record shows that the appellant had a fair trial with full protection of his rights. Certainly no error is shown which, after an examination of the entire cause including the evidence, reasonably suggests that there has been a miscarriage of justice. (Const., art. VI, sec. 4 1/2.)
For these reasons, in my opinion, the judgment and also the order denying a new trial should each be affirmed.
Gibson, C.J., and Curtis, J., concurred.
========
http://scocal.stanford.edu/opinion/people-v-albertson-23753
Religion: Church elder
Occupation: Mechanic, booster station operator, blacksmith, chiropractor, truck driver
Married (1): Sep 9, 1922, EVA MAE WILLIAMS, Trinidad, Las Animas Co., Colorado
One child:
1. Charlene ALBERTSON
1932 -
Married (2): Mar 14, 1953, BERTHA FLORENCE (ANDERSON) HINTZ, Los Angeles Co., California
No children
========
"MURDER BY MAIL"
Note: In Oct of 1941, Oscar was arrested for murder; in Jan of 1944 he was convicted and sent to death row, awaiting the gas chamber. Ten to fifteen years later he was acquitted as they caught the real killer. His wife Eva died in Los Angeles in 1949.
========
People v. Albertson, 23 Cal.2d 550
[Crim. No. 4457.
Jan. 19, 1944.]
THE PEOPLE, Respondent, v. OSCAR L. ALBERTSON, Appellant.
OPINION
CARTER, J.
Upon evidence entirely circumstantial a jury found defendant Oscar L. Albertson guilty of the crime of killing John Kmetz by means of poisoned vitamin capsules, and returned a verdict of murder in the first degree without recommendation. Motion for new trial was denied and a judgment imposing the death penalty is automatically before this court for review (Pen. Code, sec. 1239). ....
Taken as a whole the evidence points unerringly to Albertson as the person who, actuated by any one of several motives, conceived and carried out a thoroughly premeditated plan to kill the husband of Esther Dockham. The hand of Albertson is clearly seen in the preparation and mailing of the letter in the name of "The Herb Specialty Co." There can be no reasonable doubt whatever that the discarded box in which the vitamin pills he bought for Esther Dockham were marketed furnished the design as well as the material for the vehicle used to carry the poison to Kmetz.
The record shows that the appellant had a fair trial with full protection of his rights. Certainly no error is shown which, after an examination of the entire cause including the evidence, reasonably suggests that there has been a miscarriage of justice. (Const., art. VI, sec. 4 1/2.)
For these reasons, in my opinion, the judgment and also the order denying a new trial should each be affirmed.
Gibson, C.J., and Curtis, J., concurred.
========
http://scocal.stanford.edu/opinion/people-v-albertson-23753
2nd of 9 children of ISAAC ZIMMERI ALBERTSON & HARRIET ELIZA "HATTIE" BAINBRIDGE
Religion: Church elder
Occupation: Mechanic, booster station operator, blacksmith, chiropractor, truck driver
Married (1): Sep 9, 1922, EVA MAE WILLIAMS, Trinidad, Las Animas Co., Colorado
One child:
1. Charlene ALBERTSON
1932 -
Married (2): Mar 14, 1953, BERTHA FLORENCE (ANDERSON) HINTZ, Los Angeles Co., California
No children
========
"MURDER BY MAIL"
Note: In Oct of 1941, Oscar was arrested for murder; in Jan of 1944 he was convicted and sent to death row, awaiting the gas chamber. Ten to fifteen years later he was acquitted as they caught the real killer. His wife Eva died in Los Angeles in 1949.
========
People v. Albertson, 23 Cal.2d 550
[Crim. No. 4457.
Jan. 19, 1944.]
THE PEOPLE, Respondent, v. OSCAR L. ALBERTSON, Appellant.
OPINION
CARTER, J.
Upon evidence entirely circumstantial a jury found defendant Oscar L. Albertson guilty of the crime of killing John Kmetz by means of poisoned vitamin capsules, and returned a verdict of murder in the first degree without recommendation. Motion for new trial was denied and a judgment imposing the death penalty is automatically before this court for review (Pen. Code, sec. 1239). ....
Taken as a whole the evidence points unerringly to Albertson as the person who, actuated by any one of several motives, conceived and carried out a thoroughly premeditated plan to kill the husband of Esther Dockham. The hand of Albertson is clearly seen in the preparation and mailing of the letter in the name of "The Herb Specialty Co." There can be no reasonable doubt whatever that the discarded box in which the vitamin pills he bought for Esther Dockham were marketed furnished the design as well as the material for the vehicle used to carry the poison to Kmetz.
The record shows that the appellant had a fair trial with full protection of his rights. Certainly no error is shown which, after an examination of the entire cause including the evidence, reasonably suggests that there has been a miscarriage of justice. (Const., art. VI, sec. 4 1/2.)
For these reasons, in my opinion, the judgment and also the order denying a new trial should each be affirmed.
Gibson, C.J., and Curtis, J., concurred.
========
http://scocal.stanford.edu/opinion/people-v-albertson-23753
Religion: Church elder
Occupation: Mechanic, booster station operator, blacksmith, chiropractor, truck driver
Married (1): Sep 9, 1922, EVA MAE WILLIAMS, Trinidad, Las Animas Co., Colorado
One child:
1. Charlene ALBERTSON
1932 -
Married (2): Mar 14, 1953, BERTHA FLORENCE (ANDERSON) HINTZ, Los Angeles Co., California
No children
========
"MURDER BY MAIL"
Note: In Oct of 1941, Oscar was arrested for murder; in Jan of 1944 he was convicted and sent to death row, awaiting the gas chamber. Ten to fifteen years later he was acquitted as they caught the real killer. His wife Eva died in Los Angeles in 1949.
========
People v. Albertson, 23 Cal.2d 550
[Crim. No. 4457.
Jan. 19, 1944.]
THE PEOPLE, Respondent, v. OSCAR L. ALBERTSON, Appellant.
OPINION
CARTER, J.
Upon evidence entirely circumstantial a jury found defendant Oscar L. Albertson guilty of the crime of killing John Kmetz by means of poisoned vitamin capsules, and returned a verdict of murder in the first degree without recommendation. Motion for new trial was denied and a judgment imposing the death penalty is automatically before this court for review (Pen. Code, sec. 1239). ....
Taken as a whole the evidence points unerringly to Albertson as the person who, actuated by any one of several motives, conceived and carried out a thoroughly premeditated plan to kill the husband of Esther Dockham. The hand of Albertson is clearly seen in the preparation and mailing of the letter in the name of "The Herb Specialty Co." There can be no reasonable doubt whatever that the discarded box in which the vitamin pills he bought for Esther Dockham were marketed furnished the design as well as the material for the vehicle used to carry the poison to Kmetz.
The record shows that the appellant had a fair trial with full protection of his rights. Certainly no error is shown which, after an examination of the entire cause including the evidence, reasonably suggests that there has been a miscarriage of justice. (Const., art. VI, sec. 4 1/2.)
For these reasons, in my opinion, the judgment and also the order denying a new trial should each be affirmed.
Gibson, C.J., and Curtis, J., concurred.
========
http://scocal.stanford.edu/opinion/people-v-albertson-23753
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