People v. Moreland

DORAN,

J.—This is an appeal from the judgment. As recited in respondent’s brief, “In an information filed by the District Attorney of Los Angeles County, appellant was charged with the crime of robbery, in that she did wilfully, unlawfully, feloniously and by means of force and fear take from the person and immediate presence of George W. Chown Sixteen Dollars ($16.00) in money. The information also

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charged appellant with the prior convictions, in the State of Texas, of the crime of Assault to Commit Bobbery, a felony, in 1937, and the crime of Bobbery, a felony, in 1939.

“Appellant was duly arraigned, entered a plea of Not Guilty and denied the prior convictions as alleged.

“At time of trial all parties joined in waiver of trial by jury. The People’s cause was submitted on the transcript of the preliminary hearing. Appellant took the stand and testified in her own behalf. The Court found appellant Guilty of the crime of Grand Theft From the Person, a felony, a lesser and necessarily included offense, and found the allegations of the two prior convictions to be true. . . .

“On the evening of April 27, 1956, Mr. George W. Chown was walking on Ceres Street toward 5th Street in Los Angeles. When he approached the Bock Island Hotel on Ceres Street, the appellant, who had been sitting on a box in the doorway of the hotel, stepped up to him and tried to solicit him. Mr. Chown said ‘No,’ but appellant stepped closer and he felt a scratching below his ribs, whereupon he looked down and saw that the appellant was holding in her left hand a knife blade against his body. Mr. Chown stood still while appellant reached with her right hand into his left hip pocket and withdrew his wallet. Appellant took Sixteen Dollars ($16.00) from the wallet, returned the wallet to Mr. Chown, and walked off toward the hotel.

“Mr. Chown proceeded to the Police Building, at First and Los Angeles Streets.

“Later that evening appellant was arrested at the front door of the Bock Island Hotel. The next morning she related to investigating Officer Eastmanson that she had been in front of the Bock Island Hotel most of the previous day and had ‘turned one trick’ that day. She stated that it took place shortly after noon and was her only contact with a white person that day. She denied contacting or seeing Mr. Chown in the afternoon.