People v. Beghtel

HERNDON, J.

Appellant Beghtel and one Fritz were charged with robbery and, in a second count, with kidnapping for the purpose of robbery. Appellant was charged with one prior robbery conviction and Fritz was charged with two priors. Both entered pleas of not guilty. Appellant’s motion to dismiss made pursuant to Penal Code, section 995, was denied.

When the case was called for trial, Fritz withdrew his original plea and entered a plea of guilty to robbery in the first degree. Pursuant to stipulation, appellant’s case was submitted on the transcript of the evidence taken at the preliminary hearing, both sides reserving the right to introduce additional evidence. The only additional evidence offered or taken at the time of trial consisted of cross-examination of the arresting officers by appellant’s counsel and the proof of appellant’s prior felony conviction. The trial court found appellant guilty of robbery and not guilty of the kidnapping charge. His motion for a new trial and his application for probation were denied, and he was sentenced to state prison.

In his opening brief, appellant states that he is appealing from the judgment, the order denying his motion for a new trial and from “all prior orders made in the case.” As indicated by its caption, the opening brief also purports to constitute an application for a writ of habeas corpus. Appellant’s contentions relate exclusively to the sufficiency of the evidence to warrant the magistrate’s order holding him for trial after the preliminary hearing and to support the judgment of conviction. Since appellant’s cross-examination of the police officers neither added anything of substance to the People’s case as made at the preliminary hearing nor in any way detracted from it, it is fair to say that the magistrate’s order

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and the judgment of conviction rest upon the same evidence as summarized in the following recital.

On November 17, 1957, at about 8:45 p.m. codefendant Fritz entered a liquor store in Los Angeles, pulled a gun, announced “This is a holdup” and took approximately $300 in cash from the owner and operator, a Mrs. Hayward. The money taken consisted of currency taken from the cash register and several rolls of coins of various denominations taken from a desk near the safe in a back room.