People v. McKinney

BARNARD, P. J.

The defendant was charged with robbery in two counts. The first count related to the robbery of the clerk in a cleaning establishment, and the second was for the robbery of the night clerk in a hotel. The first robbery occurred at 8:30 p. m. on July 27, 1951, and the second about 4:20 a. m. the following morning. The defendant pleaded not guilty, but admitted four prior convictions. A jury found him not guilty on Count I but guilty on Count II, finding the crime to have been robbery in the first degree. He appeals from the judgment and from an order denying his motion for a new trial. He was represented by counsel at the trial, but the appeal is presented by different counsel appointed by this court.

At about 4:20 a. m. on July 28, 1951, the appellant entered the Hotel Churchill at San Diego and asked the clerk for a room. He took two dollar bills from his wallet to pay for the room and as the clerk turned to get the key the appellant informed him that “This is a stick-up.” The clerk observed that he had his right hand in his coat pocket and that there was some object in that pocket. Thinking that this object was a gun the clerk gave the appellant about $55 or $60 from the cash drawer. The appellant was not satisfied with the amount and conducted a further search behind the counter. When he found no more money he left, telling the clerk to

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remain seated for five minutes before calling the police. The clerk called the police immediately. The clerk testified that when the appellant said this was a “stick-up,” “he went this way (indicating) and told me that he didn’t want any trouble. There was an object there which I could see through the coat lining which I assumed was a gun, ’ ’ and that he could see the o”bjeet poking out the lining of his coat.

About that time a police officer saw the appellant running down the street less than two blocks from the Churchill Hotel. The officer ran across a lawn and intercepted the appellant about a block from where he had first seen him. Almost immediately a police car drove up and a broadcast was received concerning the hotel robbery. The description given fitted the appellant, and the officers took him to the hotel where he was positively identified by the clerk as the man who had robbed him. Fifty-four dollars in bills and some coins were found in his pockets, in addition to a few dollar bills in his wallet. A small hammer was also found in his hip pocket. The hotel clerk identified the wallet as similar to the one the appellant had previously displayed. The clerk testified the officers brought the appellant in about three or four minutes after he had left following the robbery.