People v. Thwaits

[675]

DRAPEAU, J.

This is a companion case to

People

v. Darcy,

ante,

p. 665 [226 P.2d 53], decided this day. Henry J. Thwaits, the defendant in this case, was Darcy’s companion in the kidnapping and robbery of the proprietor and patrons of the Belmont Café. Por a more complete recital of the facts of that occurrence reference is made to the opinion in the Darcy case.

This defendant, Thwaits, ran from the café with Darcy. He was seen by the preacher who gave Darcy’s automobile license number to the police.

Thwaits owned a cream-colored Buick automobile, with prominent air horns on each fender. This ear was seen cruising around when Darcy was captured, with a man and a woman in the front seat. Later an officer who was standing in the shadows near Darcy’s home saw the same car drive slowly by, again with a man and a woman in the front seat.

Thwaits disappeared and was not seen or heard of until October 8, 1949, when he, with two other men, robbed the Don Hotel in Wilmington. On this occasion he took no pains to conceal his identity, and was recognized by a bellman, a porter, and the night clerk. He had lived at that hotel for a number of months, and knew all of these men.

.He intimidated the night clerk with an automatic; made him lie down on his face, and then had him open the safe. He took several hundred dollars in cash, and valuables of guests.

He was captured by agents of the FBI in Omaha, November 16, 1949, and returned to Los Angeles for trial. Darcy was tried alone, and was convicted shortly after Thwaits was brought back.

The district attorney charged Thwaits with six counts: First, kidnapping of the restaurant man and his friend, Mr. Simonsen; second, robbery of the restaurant man; third, robbery of Mr. Simonsen; fourth, robbery of Ada M. Fox; fifth, robbery of Mary Bigler; and sixth, robbery of Shelby Reed, clerk of the Don Hotel.

He was convicted on all six counts, the robberies fixed at first degree; sentenced to the penitentiary for life, without parole, on the kidnapping charge; and for the terms prescribed by law on the other counts, all to run concurrently.