People v. Rodriguez

DORAN, J.

Defendant, Louis Panner, appeals from a judgment of conviction, and from the order denying a motion for a new trial. It is contended by appellant that the evidence is insufficient and that the testimony of the alleged accomplice lacks corroboration.

The defendants, including appellant Louis Panner, were charged in an information filed by the district attorney, with the crime of conspiracy to commit robbery. As overt acts in furtherance of the conspiracy it is alleged that upon three different occasions, namely on January 26, February 11 and February 19, 1939, appellant furnished and gave to his alleged codefendants a revolver, an automatic pistol, and a Ford automobile, and it is alleged, further, as overt acts in furtherance of said conspiracy that upon three occasions, namely on January 27, February 12 and February 20, 1939, appellant’s alleged codefendants committed the crimes of robbery.

A jury having been duly waived, the cause was submitted to the court upon the transcript of the evidence received at the preliminary hearing, supplemented by the testimony of additional witnesses.

[292]

It is conceded that the robberies were committed by appellant’s alleged codefendants; it is also conceded that appellant’s Ford automobile and a revolver belonging to appellant’s father, and also an automatic pistol belonging to a friend of appellant, were used in the robberies. It is also conceded that appellant was not present and did not participate in any of the alleged robberies. Appellant was at no time accused, by information or otherwise, of the offense of robbery.

The robberies were committed in the city of Los Angeles. Appellant resides in Yucaipa, which is about seventy-five miles from Los Angeles, where he owns and maintains a peach orchard which he has operated since the year 1930. His brother, and apparently his mother and father, reside on the adjoining property. The record also shows that from time to time appellant worked for Beggs Brothers, commission merchants in Los Angeles. As appellant testified, he had been employed by the Beggs Brothers “between the time of taking care of the ranch”, and he had sold his crops to the Beggs Brothers, or through them, all of the time that he had had the orchard.