People v. Anderson

McCOMB, J.

Defendant, after trial before the court without a jury, was found guilty of (1) kidnapping for the purpose of robbery (Pen. Code, § 209), and (2) robbery of the first degree (Pen. Code, § 211). The court further found that defendant was armed with a deadly weapon at the time of the commission of each offense. Defendant appeals from the judgments and from the order denying his motion for a new trial.

Facts

The record discloses that on November 22, 1947, Mr. Tissue was in charge of a used car lot located at 7643 Atlantic Boulevard, Los Angeles. At about 9:45 p. m. he noticed defendant looking at some of the cars on the lot and went over and asked him if he could be of any aid. Defendant, who at the time was intoxicated, asked to be shown a 1941 Chevrolet,

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and after looking the car over requested a demonstration. Mr. Tissue occupied the driver’s seat and defendant sat next to him. Within two minutes after the car had been driven off the lot defendant said to Mr. Tissue, “Do you know what this is?” and the driver saw a gun in defendant’s hand, held within 2 or 3 inches from his body and pointed at him. Defendant told the driver that he had better watch his step, and instructed him to go up Salt Lake Street, turn right to Florence Avenue, and turn right again on Florence Avenue. Defendant asked if Mr. Tissue had any money and when told that he did not, defendant directed Mr. Tissue to keep his hands on the wheel, reached in the latter’s hip pocket and took his wallet which contained four one-dollar bills and a five-dollar bill. Several times defendant told Mr. Tissue, “You better do what I tell you.”

At the corner of Atlantic Boulevard and Florence Avenue, Mr. Tissue grabbed defendant’s wrist and pulled the wheel of the car toward a gasoline station. Defendant asked his captive what he was doing and then grabbed the wheel of the ear with his free hand, causing the car to make . a complete circle, hit the curb, and before the car was stopped defendant either jumped out or fell from the car and ran up Florence Avenue. A police officer in the vicinity seeing defendant run from the service station endeavored without success to overtake him. Upon receiving a description of defendant he went to a cafe on Atlantic Boulevard, located defendant, arrested him and found in his pocket a five-dollar bill and four one-dollar bills. Subsequently Mr. Tissue identified defendant as the man who had robbed him.