People v. Mendoza

[186]

DORAN, J.

This is an appeal from the judgment and order denying a motion for a new trial.

Defendants were charged by information with robbery, kidnapping and grand theft. Prior conviction of a felony as to each was also alleged. A jury was waived. Defendants were adjudged guilty on all three counts. The allegations of prior conviction were found to be true. A motion for a new trial was denied. Probation was denied.

The facts as recited in respondent’s brief and supported by the record are as follows:

“On August 5, 1952, Emmet Glasgow was a truck driver for the Pasadena Candy and Tobacco Company. On that date he made a delivery at Valley and Fremont Streets in Alhambra and upon returning to the truck a man jumped into it armed with a gun, and said, ‘This is a holdup.’ He ordered Glasgow to follow a car that was ahead of the truck. Mr. Glasgow followed that car for quite some distance, over many different streets, and finally was led to a dirt road, and up the dirt road to a fence. At the fence, the man in the truck ordered it stopped, and ordered Mr. Glasgow out. Then the man with the gun who had climbed into the truck tied Mr. Glasgow to the fence with some adhesive tape.

“There were two men in the car which Mr. Glasgow was ordered to follow. However, he could not identify either of them because only one came close to him, and that one wore a bandana over his face. After Mr. Glasgow had been tied to the fence one of the men came up behind him and took his wallet, but after taking the money which amounted to $15.99 and his identification, he discarded the wallet. Mr. Glasgow testified that from the time the man got into the truck, he was in fear, and the taking of the truck, tying him up, etc., was entirely without his consent.

“The next time Mr. Glasgow saw the truck, after the men drove it away, was at approximately 7 o’clock p. m. that same evening in an alley in East Los Angeles. Part of the merchandise was still in the truck, but the remainder of the cargo worth $2500 was missing. The next time Mr. Glasgow saw the man who had held the gun on him in the truck was about two weeks later in the Alhambra Police Station, at which time Mr. Glasgow approached him to within a distance of about 10 feet and made positive identification of him. The man who got into the truck was also represented by the picture which was introduced as People’s Exhibit 1.