People v. Brown

TRAYNOR, J.

Defendant, Edward Wesley Brown, was convicted of robbery in two counts, of rape, and of kidnaping for the purpose of robbery. The jury found that the victim suffered bodily harm and fixed the punishment at death. This is an automatic appeal under section 1239(b) of the Penal Code.

The facts disclosed by the record are as follows: On March 22, 1946, at about 9 p. m., Mrs. Cleda M. Jacobs returned to her automobile after visiting a doctor’s office in the city of Sacramento. As soon as she was seated, a man, identified by her as defendant, entered the automobile and exhibited a gun, saying, “Madam, this is a gun, it is loaded. Do as you are told and no harm will come to you. ’ ’ Defendant ordered Mrs. Jacobs to drive her car according to his directions and they went an undetermined distance to a point outside the con,gested area of the city. During the entire ride defendant gave the orders and kept his gun pointed at Mrs. Jacobs. Finally, he ordered her to drive the ear to the side of the road and get out. She started to take her purse with her, but was ordered to leave it in the car. Defendant then got out and,, still pointing the gun at Mrs. Jacobs, directed her to go up a hill on a levee. When they reached some bushes defendant ordered Mrs. Jacobs to disrobe and lie down. Defendant then had sexual intercourse with her and kept the gun in his hand during the entire act. Defendant dried himself with a handkerchief, threw it on the ground, and ordered Mrs. Jacobs to dress.

After Mrs. Jacobs had dressed, defendant asked her how much money was in her purse. She told him that the purse contained about a dollar and a half or a dollar and- seventy-five cents. Defendant asked her the question again, threateningly, and when she gave the same reply he struck her on the chin with his fist. Mrs. Jacobs fell to the ground and defendant removed her wrist watch from her arm and left the scene. Mrs. Jacobs remained on the ground for a few minutes in a dazed condition and heard a motor start. She returned to the •road to find that her automobile and purse were gone. 'People

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living in a tent nearby transported her to town where she made a report to the police. At that time she was distraught and her jaw was badly bruised.

Defendant, meanwhile, returned to town. He met an accomplice, not a party to this appeal, and together they used Mrs. Jacobs’s automobile to follow an automobile driven by Mrs. Elsie F. Phelps. Mrs. Phelps noticed the pursuing car and drove to the side of the street, slowing down, to allow it to pass. Defendant passed Mrs. Phelps and drove diagonally in front of her ear and stopped, thus compelling her to stop. Defendant walked over to Mrs. Phelps and told her that she had been driving too fast, and when she disagreed with him he opened her car door and told her to move over. Mrs. Phelps refused and defendant held a gun against her stomach, reached across her body and removed her purse, which was on the seat to her right. This purse contained a pencil, personal items, eight dollars, a billfold and a coin purse. Defendant returned to Mrs. Jacobs’s automobile and drove away, but Mrs. Phelps meanwhile ascertained the license number.