People v. Hannon

WHITE, J.

In an information filed by the District Attorney of Los Angeles County, appellants and one Thaddeus F. Fuller were accused of three counts of rape, one count of robbery, and one count of kidnaping for the purpose of robbery. Following not guilty pleas by all defendants to all counts and a jury trial, the two appellants herein were found guilty on two counts of rape and not guilty of the crimes of robbery and kidnaping, while during the progress of the trial the third count of rape was dismissed as to all defendants. Defendant Fuller was acquitted on all counts. From the two judgments of conviction and from an order denying their motion for a new trial, appellants prosecute this appeal.

Stating the facts in the light most favorable to the prosecution, as we are required to do following a guilty verdict, the record discloses that on the night of July 20, 1940, Maurice H. Stevens, Jr., and his wife entered a cafe in southeast Los Angeles conducted and in the main patronized by persons of the colored race. During their stay in the cafe Mr. and Mrs. Stevens each consumed three bottles of beer. They were the

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only white persons present during the evening, and they spent the time talking to each other and also in conversation with other patrons, as well as operating the niekle-in-the-slot phonograph machine.

About 12:15 o ’clock Sunday morning, Mr. and Mrs. Stevens left the cafe, walked to the curb and entered their automobile. As they started to drive away they discovered that they had a flat tire and were without tools with which to change tires. Mr. Stevens alighted from the car, and about that time appellant Hannon, who had followed Mr. and Mrs. Stevens out of the cafe, inquired if he could be of assistance. Mr. Stevens explained they had no tools, and appellant Han-non told him if he would drive around the corner to Hannon’s car, the latter had the necessary equipment and would help change the tire. According to the testimony of Mr. and Mrs. Stevens, at that time they believed they were alone in the car. Appellant Hannon stepped onto the running board next to Mrs. Stevens and directed them to “just drive around the corner here”. As they approached the corner of Wilmington and -Imperial Boulevard, according to the testimony of Mr. Stevens, “somebody popped up from the back seat—I don’t know where they came from—and held a sharp—or held this instrument to my back and told me to keep on driving”. Mr. Stevens was unable to state whether the instrument was a knife, a gun, or just a piece of steel. In obedience to the voice directing him to “just keep on driving, white boy”, Stevens continued to drive until they had passed Grape Street on 115th, when he stopped his car and the voice said, “O.K.” The evidence indicates there were no houses on 115th Street east of Grape at or near the place where the car was stopped.