People v. Villegas

WHITE, J.

Appellant Villegas, and Charles A. Guerra were by information charged with two counts of robbery whereby they did by means of force and fear, etc., take from Gordon Gammans and Mrs. Ruth Bohanna certain described personal property. In each count it was further alleged that both at the time of the commission of each offense and at the time of their arrest the defendants were armed with a deadly weapon in the form of a 38-caliber revolver. Following trial before the court sitting without a jury, the defendants were convicted on both counts and the court further found that at the time of the commission of the offenses charged defendants were armed with a deadly weapon.

From the judgments pronounced against him and from the sentences imposed, as well as from the order denying his motion for a new trial, defendant Villegas alone prosecutes this appeal.

Evidence introduced at the trial showed that on the evening of March 20, 1938, the victim named in count I was in charge of a service station, when about 7:30 o’clock defendant Guerra walked into the premises and inquired concerning the name of a street. As the victim was examining a map to obtain the requested information, defendant Guerra addressed him, saying, “Open the cash register”; whereupon the victim looked around and saw Guerra with the gun, which he was holding at his side. The station attendant thereupon opened the cash register and defendant Guerra abstracted therefrom

[660]

certain personal property, including money in the amount of approximately sixteen dollars. Following this, defendant Guerra ran over to an automobile parked near by and drove away. The station attendant was uncertain as to whether there was any other person in the automobile; neither did he make any identification of appellant, Villegas.

The victim named in count II testified that she was waiting for a bus at a street intersection when an automobile came up and defendant Guerra, alighting therefrom, went around toward the rear of the automobile, then suddenly came back, pointed a gun at her and demanded her purse. This witness testified that she remonstrated with Guerra, asking him not to take her purse, as she worked for a living, needed her money and had no funds other than what were in her purse to enable her to get home; whereupon defendant Guerra snatched the purse out of her hand, got into the automobile and started away. This witness also testified that there was another young man driving the automobile, but she could not identify appellant Villegas, as being that person.