People v. Romero

California Court of Appeal Nov 9, 1950 No. Crim. 4507Published

Before: Drapeau

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Holding. The court held that a defendant is equally guilty of first-degree murder if they conspire to commit a robbery during which a murder occurs, regardless of whether they personally fired the fatal shot. Furthermore, the court held that a defendant's right to be confronted by witnesses may be waived by counsel's stipulation to submit the case on the preliminary examination transcript.

Issues

Whether the evidence was sufficient to sustain a first-degree murder conviction for a non-shooting conspirator in a robbery.
Whether a defendant's right to be confronted by witnesses is validly waived by counsel's stipulation to submit the case on the preliminary examination transcript.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“When two or more persons enter into a conspiracy to commit a robbery or a burglary and one of the conspirators commits a murder in the perpetration of the crime, all are equally guilty of murder in the first degree.”

“It is no defense that those who did not actually participate in the killing, did not intend that the life should be taken in the perpetration of the robbery, or had forbidden their associate to kill, or regret that it had been done.”

DRAPEAU, J.

Defendant Arguello and two companions caused a pitiful tragedy. One of them was a girl, 18 years of age; the other, Joseph C. Romero, was a young man of the same age. Defendant was of mature age.

The girl drove the men around east Los Angeles in her automobile, late in the evening. They planned to look for a liquor store and to rob the proprietor. Romero was armed with a revolver, which the girl kept for him until just before the crime was committed.

After cruising for a time, they drove past a liquor store, which they determined to rob. At that time defendant was driving. He stopped the automobile at the street curb a block away. The girl remained in the car. The engine was kept running and the lights were turned off.

The two men walked back to the store, and went in. Romero said to the proprietor.- “This is a stick up.” The proprietor said he had to open the cash register, and reached in his pocket for a key. Romero thought he was reaching for a gun, and wantonly shot him in the stomach.

Both robbers ran out of the store. As they were leaving the proprietor fired several shots at them, and one bullet hit Romero in the shoulder.

The two men raced to the car, and it started away with the girl driving. On account of her nervousness, defendant took the wheel. They went to an apartment occupied by Romero, where they boiled some table forks to remove the bullet, but abandoned that idea. Then they asked a mortician to remove the bullet. This he refused to do. Then they decided to go to Mexico to have the bullet removed. The two men were arrested on the highway near Oceanside, the day after the crime.

The proprietor of the liquor store died the morning after he was shot, leaving surviving him a widow and two babies. The widow went with him to the hospital. At the hospital he said to her: “Go home and take care of those kids, and don’t be afraid. If I die I am just another dead man.” She never saw her husband alive again.

The girl companion of defendant became conscience stricken. Her brother told her to give herself up; “to walk to the nearest

[354]

People v. Romero

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DRAPEAU, J.

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