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ISlayer Maintains Outward CalmUm SmcK MH.—Oct,INDEPENDENTDISPLAYING STOIC calm he has maintained throughout selection of jury for his mur der trial in Santa Ana Superior Court. Billy Rupp, 18, douses cigaret in an improvised ash tray offered by Deputy Richard Atwater during recess.—(Staff Photo.)RUPP JURY NOT FILLEDNEW PANEL DRAWN! SPECIAL!By HERB SHANNON Staff WriterSANTA ANA—Exercising the irst two of his peremptory challenges, Public Defender N. D. Meyer brought the number cf dismissed veniremen to 13 Tuesday afternoon during selection of jurors for the trial of Billy Rupp.L8, accused of the brutal sex murder of a 15-vear-old baby sitter.Superior Judge Kenneth E. Morrison ordered an additional panel summoned as both the de-ense attorney and Deputy Dis-rict Attorney James P. Devine whittled away at those remaining. Previous to the two peremptory dismissals. 11 jurors were excused for cause by both sides.Meyer’s questioning of prospective jurors indicated the defense will attempt to secure a charge of less than first-degreemurder by proving Rupp did not intend to rape his victim. Twice the courtroom was cleared of jurors while Devine and Meyerargued the propriety of the defense attorney’s questions.Judge Morrison ruled in favor of the deputy district attorney, restraining the defense fromquestions pertaining to Rupp’; possible intent Charged with the slaying of Ruby Ann Payne in Yorba Linda last Aug. 8, Rupp stared stonily at the wall opposite throughout the tedious examinations of jury candidates. He was freed of the handcuffs he wore in court Mon-day.The defendant’s only display of emotion came when the prosecution asked Juror Henry F. Jackson, Anaheim broker, whether Rupp’s age would influence his decision if the deathpenalty were asked.“No,” replied Jackson. Rupp gulped audibly.Favored by not so much as asingle glance from the sullenyouth, Rupp’s parents left theirseats directly behind him duringthe first afternoon recess and did not return.Other members of Rupp’s family, including his sister, Lois Schwenning. 22. a University ofCalifornia student, also departed before the end of the afternoon proceedings.The sister, who said she had changed her name since the babv-sitter murder, was announced asrithe fondling of a womaiLdoes nota surprise witness in the impending trial. The other relatives refused to identify themselves.Defender Meyer’s clash with the prosecution over questions tothe jurors came after he promised that the trial would bring out “bizarre, revolting and distasteful” facts. .If the court instructs you thatconsuiure an attempt commit rape, will you follow the instructions?” Meyer asked Mrs. Bonita K. Jollisaint, wife of an Anaheim bookkeeper.Judge Morrison permitted the question over the objection of the prosecution, but later excused the prospective jurors from the room when Meyer repeated the question, substituting the word“intent” for “attempt.”The opposing attorneys argued over the substitution for nearly 20 minutes.“Fondling may be just the result of a depraved mind seeking to satisfy lustful notions,” Meyer told the court. “It does not meanassault with intent to commit rape.”Judge Morrison sustained De-vine’s objection that “intent is always included in assault.”Meyer dismissed Mrs. Jollisaint as a juror under his peremptory; privilege. He also excused Mrs Dorothy Clara Evans, of Balboa, after she assured the prosecution she would not let sympathy of sentiment for the defendant enter into her decision.Because of jury trials now being held in three other Orange County courts, Superior Court spokesmen said the Rupp trial dismissals have created a critical shortage of prospective jurors.THIS WEEK ONLYAny blanketdry cleaned,Pic ka d in aPlastic b a g. Called for and delivered.PETRI’S CLEANERS12S0 ORANGE. Ph. 6-62915TH LOCUSTMake a Difference?TONIGHTCHRISTIAN CHURCH7:30 P.M.Come — Bring a FriendORVAl M. MORGAN
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Long Beach Independent
Long Beach, California, US
Wed, Oct 22, 1952
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USA 16 Mar 2019
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