People v. Beaulieu

FOX, J.

Defendants Giroux, Beaulieu

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and Fritz were charged with the crime of robbery (Pen. Code, § 211) in that on October 23, 1955, they took certain money by force and fear from Fumio Nakaya. The court found Giroux guilty, denied probation and sentenced him to the state prison. He appeals from the judgment and sentence.

Fritz and Beaulieu went into a liquor store at 3124 East Fourth Street, Los Angeles, where Fumio Nakaya worked, between 12:30 and 1 o’clock in the morning of October 23, 1955. When Nakaya first noticed these men they were standing in the center of the store with drawn .45 automatics. Beaulieu demanded the money. Nakaya, being in fear, gave' him $73 from the cash register. Beaulieu took the money and went out quickly. Fritz remained briefly inside the door, keeping watch, and then he, too, left. Nakaya went outside and saw a Pontiac automobile pulling away.

Felix G. Mena, who was across the street from the liquor store, observed a car with a sun visor move up to the store from the corner where it had been parked, a distance of 300 feet. Mena was not able to identify the driver beyond the fact that it was a man. When the car pulled up a man came out of the store and entered it. Then the horn sounded and another man left the store and entered the car. The three men in the car were last seen going east on Fourth Street.

Officer Vera and his partner Shelly responded to the police broadcast of the burglary. At the liquor store they received a description of the car. At approximately 1:15 a. m. they arrested the defendants in the 5000 block on East Third Street. Beaulieu was driving. All three were in the front

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seat. Just before the police stopped the ear, Fritz was observed to bend forward in his seat. Upon searching the car three .45 automatics (all cocked) were found under the front seat where Fritz had been sitting. They were the same type of weapon the robbers used. One of these guns had a clip with eight rounds of ammunition in it. Five rounds of .45 caliber ammunition were found in appellant’s right front pocket, Fritz had seven rounds in his pocket. Fritz had $21 on his person; the other two had $20 each. Two handkerchiefs were found in the glove compartment of the car, and a pair of brown gloves on the front seat.