People v. Broyles

BARNARD, P. J.

The defendants Broyles and Gully, with one Crabb, were charged in Count 1 of an information with kidnaping, it being alleged that on May 17,1956 they wilfully, forcibly, etc., kidnaped and carried away one Virginia Jackson from a point in San Diego County to another part of said county. In a second count Broyles was charged with the crime of rape. The information also charged that Broyles and Gully had each suffered a prior conviction. They admitted the prior convictions and all three pleaded not guilty to the main charges. A jury found all three defendants guilty of kidnaping, and also found Broyles guilty of rape. Crabb was granted probation, and probation was denied to Broyles and

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Gully. All three defendants were ably represented at the trial by different attorneys. Broyles and Gully personally filed notices of appeal from the judgments entered. Broyles later abandoned his appeal, and only the appeal by Gully remains for consideration.

It appears from the evidence that on the night of May 17, 1956, Broyles, Gully and Crabb were riding together in an automobile in an isolated area in a hilly section of San Diego County. As they rode along they saw an automobile parked on a back road, which was occupied by a Mr. Waites and Virginia Jackson. They returned to this spot and Broyles and Gully went over to the Waites car. Broyles turned a flashlight into the Waites car and told the occupants that he was a special deputy sheriff patrolling the back roads, that what they were doing was wrong, and that he would have to take them in. He asked to see Waites’ driving license, and when Waites got out of his car and handed his driver’s license to Broyles he heard Broyles say “Keep ’em covered.” Broyles told Gully to call in and see if Waites and Mrs. Jackson had a record and if the ear was stolen. Gully went back to their automobile and then came back saying that there was no record against them and the car was not stolen. Broyles told Waites he would have to take Mrs. Jackson down to the station. When Waites tried to induce him to let him take her home he said this was against the rules and he could not do it. When Waites suggested that they take Mrs. Jackson home and let him follow, Gully replied “Well, maybe we could.” They refused to let Waites take her home and ordered Mrs. Jackson into their car, which Gully drove. Mrs. Jackson got into their car believing that these were police officers. They told Waites to drive on ahead and they would follow, which was done. After proceeding several miles Broyles told Gully to drive into a side road, which he did. When Waites discovered that they had turned off he circled back but was unable to locate them. He then proceeded to a police station, where he was told that no special police officer or special deputy sheriff was on duty in the kind of automobile in which the defendants were riding. An alarm was put out, and officers proceeded at once to that area to look for that car.