People v. Richardson

BARNARD, P. J.

This appellant and one Filley and one Montgomery were jointly charged with the crime of murder, it being alleged that on March 17, 1954, they murdered one Louis Dulisse. They were also charged with three separate counts of robbery alleged to have been committeed on the same day, while armed with deadly weapons. They each pleaded not guilty as to each of the four counts. The defendant Montgomery later withdrew his not guilty plea and entered a plea of guilty. A jury found Richardson and Filley guilty of murder in the first degree, recommending life imprisonment. They were also found guilty on the three counts charging armed robbery. The defendant Richardson has appealed from the judgment, and from an order denying his motion for a new trial. Upon his request for the appointment of an attorney this court appointed the same attorney who represented him at the trial.

The appellant’s main contention is that the evidence is insufficient to support the verdict, insofar as connecting bim with these crimes is concerned. It is argued that the evidence is insufficient to show that he aided and abetted the commission of these offenses; that the evidence discloses that there was great doubt with respect to his knowledge of, and assistance in, these robberies; and that the mere fact that he was present near the scene of the crime, standing alone, is not sufficient to support the verdict.

Aside from the question as to appellant’s participation therein, there is no dispute as to the facts relating to the commission of these crimes. These facts were thoroughly established by many witnesses, including several of the victims and several police officers. About 3 p. m. on March 17, Filley

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and Richardson, who lived in Glendora, went to the home of one Coggin in Glendora where they had some wine to drink. Thereafter, the three of them went to El Monte in Richardson’s ear, a dark bine 1950 Studebaker. On the way to El Monte they talked about robbery and pulling a job, about where it should be done, of the possibility of being hurt, and of what action would take place during a robbery. In El Monte they went to Montgomery’s apartment, where they drank some beer. There was further talk of robbery there. They left there about 6 :30, Montgomery going with them, and took Coggin home, stopping at a tavern en route. Pilley’s roommate, Nolan, testified that Pilley, Montgomery and Richardson came to his apartment about 7:30 p. m. and remained about 10 minutes. While there, Richardson borrowed Nolan’s air force issue shirt and left a bright red one he was wearing. Pilley also obtained his gun while there. The three defendants then went to Ontario in Richardson’s car. They drove around for a while and when they saw the Casa Blanca Hotel sign Pilley told Richardson to stop there. Richardson stopped in front of the hotel and stayed in the car while Pilley and Montgomery went in.