People v. Malbrough

McCOMB, J.

— From judgments of guilty, entered on jury verdicts, reduced on motions for a new trial from robbery in the second degree to grand theft from the person (Pen. Code, § 487, subd. 2), defendants appeal.

Facts:

Viewing the evidence in the light most favorable to

[250]

the People

(People

v.

Newland,

15 Cal.2d 678, 681 [104 P.2d 778]), the record discloses:

On November 22, 1959, at approximately 8 :45 in the evening, Officers Bussell and Sakoda were on duty riding in an unmarked police car in the vicinity of Stanford Avenue between Fourth and Fifth Streets in the city of Los Angeles. Seeing defendants struggling with Mr. Olgin, the officers stopped their car. At that time defendant Malbrough was standing behind Mr. Olgin, having his right arm wrapped around Mr. Olgin’s neck and his left hand on Mr. Olgin’s shirt front.

Defendant Grant was seen running his hand over the front of Mr. Olgin’s clothing, and defendant Malbrough was seen to step back and drop or throw Mr. Olgin to the sidewalk. Defendant Grant began running his hands over Mr. Olgin’s clothing. Defendant Malbrough reached down and picked Mr. Olgin up, and defendant Grant placed his hands in both of Mr. Olgin’s front pockets. Defendant Grant placed his right hand in his own right front pants pocket.

Upon a search of defendant Grant, a wad of seven $1 bills was found in his right front pocket, together with some miscellaneous change. The bills had been crumpled as though they had been forced into the pocket. Mr. Olgin’s wallet was found on the street by the foot of defendant Grant at the time of the latter’s arrest.

Defendants made false statements to the officers, including the claim they were merely helping Mr. Olgin, at his request, and were taking him down the street to his hotel approximately a block away.

Actually, Mr. Olgin never asked defendants to aid or assist him. He did not live at the hotel down the street but lived some eight miles away. At the time he was attacked by defendants, he was en route to a street car on Seventh Street. He did not give defendants permission to go through his pockets or take his wallet or money.