People v. Jackson

California Court of Appeal Sep 18, 1945 No. Crim. 3896Published

Before: Desmond

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Holding. The court held that the evidence was sufficient to support the robbery conviction and that the trial court did not err in its jury instructions, specifically ruling that a trial court is not required to instruct the jury sua sponte on the defense of alibi.

Issues

Whether the evidence was sufficient to sustain the judgment of conviction for second degree robbery.
Whether the trial court erred in its instructions to the jury regarding the liability of principals.
Whether the trial court committed reversible error by failing to instruct the jury sua sponte on the law of alibi.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is altogether immaterial whether the intent arose before he entered the automobile or after he entered.”

“where the record fails to disclose that defendant requested an instruction on the subject of alibi, he may not for the first time on appeal urge the omission to instruct the jury on such defense as reversible error”

DESMOND, P. J.

The defendant Jackson and his codefendant Hoover were convicted by a jury of second degree robbery. Jackson appeals upon the grounds that the evidence

[765]

was insufficient to sustain the judgment, that the court committed error in instructing the jury and also failed to instruct the jury

sua sponte

on the law pertaining to alibi.

The complaining witness Henry M. Strand testified that around midnight of July 12, 1944, while he was driving home in his automobile from Los Angeles to Lynwood on Atlantic Avenue, he noticed two sailors standing on the street corner in front of a market; that he pulled up to the curb, stopped and offered them a ride. He identified the two defendants as the persons who accepted his invitation. Hoover took his place in the front seat of the automobile, sitting next to Strand, Jackson sitting on the outside next to the door. After proceeding south along Atlantic Avenue for approximately two and one-half miles, the defendants told Strand to pull over to the curb. Strand did not pull over to the curb but did pull off the center of the highway and stopped. Hoover said, “Now, you get out; we are going to take your ear.” Strand then shut off the motor, unlatched the door, stuck his left foot out on the running board and grabbed the ignition keys. Hoover told him to leave the keys, and grabbed his arm; but Strand snapped the ignition key in two and dropped the bunch of keys on the floor. Hoover then ordered Strand to hand over his wallet, but the latter refused and started to get out of the car. Hoover grabbed him and pressed him against the wheel, whereupon Jackson started beating Strand over the head with his fists. After a somewhat lengthy struggle in which Strand was beaten and bloody upon his head and almost rendered unconscious, he finally said, “I give up; I will give it to you, let go of this hand so I can get it.” Jackson, however, said, “Use your other hand,” and thereupon Strand tossed the wallet into their laps. (He testified that the wallet contained $14 in currency, being a $5.00 bill and nine $1.00 bills.) Strand then left his automobile and ran into a nearby building, seeking the aid of workmen who were there employed and returned with them to the automobile. The defendants left the scene, escaping in the darkness. They were picked up by police officers on Atlantic Boulevard half a mile south of where the robbery took place, about 1:30 that morning. They presented a disheveled appearance with blood stains on their jackets, mud on their shoes and one of them had a cut under his chin and dried blood on his face. The officers took the $14 in currency from

People v. Jackson

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DESMOND, P. J.

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