People v. Wier

GRAIL, P. J.

This appeal is taken by the defendant from a judgment of conviction of robbery and of violation of section

503

of the Vehicle Code, and from an order denying defendant’s motion for a new trial.

A robbery was committed on September 29, 1936, in which a substantial sum was taken from a cash register in a Los Angeles cafe. Three eye-witnesses to the crime testified that the person who committed it was wearing a pair of dark pants, a light-colored' felt hat and a brown jacket—two witnesses testifying that the jacket was made of suede. At the time of his arrest, defendant had in his possession a pair of pants and a suede jacket, which were identified by two of the witnesses as being similar to those worn by the perpetrator of the crime. The three eye-witnesses testified that defendant resembled the person who committed the robbery. Two of the witnesses had, prior to defendant’s arrest, identified certain photographs as being likenesses of the person who committed the robbery. These photographs were pictures of the

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defendant. The defendant by his ©wn admission left California and showed up at Phoenix, Arizona, in the early morning of October 1, 1936, and remained out of the state until his arrest about a month later. Defendant testified that during the return trip to California, he made the following statement to the arresting officer: “Well, if it looks too hot it is a cinch that I will be convicted. I would be willing to plead guilty on one count, if you would be willing to cooperate and drop the other two counts. ’ ’ The defendant testified that, at the time the robbery was committed, he was in bed in a house in San Bernardino. This testimony was supported by the testimony of two witnesses, who said they were in the house with the defendant at that time.

Defendant’s first contention is that the evidence identifying him as the person who committed the crime is insufficient to support the verdict. The second contention is that there is no conflict in the evidence establishing an alibi, and therefore it must be taken as true. These contentions may be answered together. On appeal the question for this court to determine as to both contentions is whether there is any substantial evidence identifying defendant as at the scene of the crime and as the person who committed it. In our view there is.