People v. Williams

KAUFMAN, P. J.

Appellant James Williams was found guilty by a jury of robbery in the second degree. He appeals from the judgment of conviction and from the order denying his motion for a new trial, contending that the evidence is insufficient to support the verdict, that the trial court erred in refusing his requested instruction on the failure to produce stronger evidence; that the trial court erred in refusing on its own motion to instruct the jury on circumstantial evidence; that the trial court improperly arraigned him for judgment in violation of Penal Code, section 1200; and that the trial court did not fully consider his motion for a new trial.

The facts as revealed by the record are as follows; The prosecutrix, Mrs. Leige, testified that about 9 p.m. on March 31, 1956, she was walking alone on Turk Street, carrying a rather large purse containing a hair net, about $9.00 in cash, and a wallet containing pictures of her daughter and granddaughter as well as various identification cards. As she walked along, she saw the appellant coming toward her. When the appellant reached her, he threw his hand around her neck and said, as he pushed her into an alley between Turk and Divisadero Street, “It is a stiekup, and goddamn it, you

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better not holler or else I will cut your throat.” She did not see a knife in the appellant’s hand but could feel the blade at her neck. She screamed and appellant slashed at her, snatched her purse and ran out of the alley. She then ran behind him screaming, “Call the law.” Her screams caught the attention of two men in a nearby church, who came out and ran after the appellant. During the chase they lost sight of the appellant but then saw him again near the scene of the crime. When Mrs. Leige saw the appellant she told the two men, “That is the man right there.” As she said this, appellant ran, but was captured and turned over to the police officer who had arrived. In the appellant’s pocket were found a hair net, a wallet containing the cards and pictures belonging to Mrs. Leige and a pocket knife. In searching the area, the police could not find Mrs. Leige’s purse or the $9.00. When the appellant was asked where he had obtained the items found in his pocket, he at first made no reply but later answered that he had found them on Eddy Street. Mrs. Leige, in the presence of the police and the appellant, accused the appellant of taking her purse by threatening her life with a knife. Appellant answered, “I ain’t got no knife.”