People v. Anderson

PLUMMER, J.

The defendant and his wife were convicted of robbery in the first degree upon an information filed in the Superior Court of the County of Sacramento, charging him with robbing one Henry Redmond, a taxi driver, of the sum of $4.35 on the twenty-third day of July,

[522]

1933. The defendant George Anderson prosecutes this appeal from the judgment of conviction, and from the order denying his motion for a new trial.

The only ground urged for reversal is that the actual • taking of the $4.35 from Henry Redmond was accomplished in the county of Yolo. It is urged that under section 777 of the Penal Code the Superior Court of Sacramento County had no jurisdiction. That section does provide for the trial of offenses in the county where committed, but it also contains a clause reading as follows: “Except as herein otherwise provided the jurisdiction of every public offense is in the county where it is committed.” Following this section are two sections of the Penal Code which we think applicable here. Section 781 of the Penal Code in part reads as follows: “When the act, or effects thereof, constituting or requisite to the consummation of the offense, occur in two or more counties,, the jurisdiction is in either county.”

Section 786 of the Penal Code permits prosecution to be had in any county into which property taken by burglary, robbery, larceny or embezzlement has been brought.

The transcript shows that on or about 2 A. M. of July 23, 1933, Henry Redmond, the taxi driver, received a telephone call to go to North B Street on the outskirts of the city of Sacramento, in the county of Sacramento. Arriving there he found the defendant and his wife awaiting him, who requested to be taken to certain resorts in Yolo County. Upon arriving at one of the places designated, the defendant stated that he wanted to go to Pagni’s place. It appears that Redmond did not know the way, so he followed the defendant’s directions. Coming to a house the taxi driver got out to look at the same. The defendant thereupon drew a pistol and commanded the taxi driver to give him his money. The taxi driver complied with this demand and turned over to the defendant $4.35, the money being in-the form of two silver dollars, four fifty-cent pieces, a twenty-five cent piece and a ten-cent piece. The defendant and his wife immediately took possession of the taxi, left the driver to shift for himself, and drove back to the city of Sacramento with the money. Shortly thereafter, at a resort in the city of Sacramento, the appellant was arrested, and upon his person was found the sum of $4.35 in coins exactly corresponding with