People v. Vaughn

DRAPEAU, J.

*

Zack Kenneth Vaughn and Clifford Edwards were convicted of two counts of armed robbery first degree, and sentenced to the penitentiary for the term prescribed by law. Each man has appealed from the judgment against him, and from the order denying his motion for a new trial.

On August 21, 1956, Pete’s Liquor Store in Maywood was

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held up. The clerk on duty testified on the preliminary examination that at about 3 o’clock in the afternoon two men came into the store, walking fast. One of them had a gun, and held it on the clerk. He recognized this man as defendant Vaughn. Another man who was in the store identified Vaughn as being there at the time. None of the men in the store could identify the other defendant, Edwards.

After the first two men came into the store, a third man came in. He covered the outer door, and he too had a gun in his hand.

Mr. Vaughn took about $75 from the cash register, about $300 from the clerk, and $22 from a customer who came in while the holdup was going on. Mr. Vaughn also took a Citizens National Bank change bag, containing $6.00 in nickels, and a roll of half dollars.

In the evening of the same day a man by the name of Zielinski told a deputy sheriff of Los Angeles County about an unusual incident that took place just outside the window of his motel apartment. Mr. Zielinski was manager of the motel. The window of his quarters faced on the street. He said that his attention was called to an automobile that made a H-turn, and parked directly in front of his window. The men in the car got out, and were arguing about a gun. One of them put his hands up on top of the car, while another one removed a gun from his waistband and put another back. It appeared to Mr. Zielinski that he had witnessed a forcible exchange of guns. The men then got back into their car and drove away.

Mr. Zielinski also told the deputy that there were four men in the car; that it was a yellow, cream-colored Cadillac with red wheels and no hub caps; and that the first three letters on the license plate were GCV.