People v. Taylor

VALLÉE, J.

Defendants were convicted by a jury of armed robbery and of kidnaping for the purpose of robbery and it was found that they were armed at the time. . Defendant Taylor appealed (1) from the judgment, (2) from the order denying his motion for a new trial, (3) from an order denying his motion for a separate trial, and (4) from an order refusing to remand disposition of his case to the juvenile court. Defendant Martineau appealed from the judgment. On a prior trial, a jury disagreed as to the guilt of defendants on both charges. Defendants do not attack the convictions of robbery. They challenge the convictions of kidnaping for the purpose of robbery.

Prior to the amendment of section 209 of the Penal Code in 1951, kidnaping for the purpose of robbery consisted not only of orthodox kidnaping for ransom or robbery, but also consisted of detention of the victim during the commission of robbery. Movement of the victim was not required. The statute made the act of seizure for ransom, reward, or to commit extortion or robbery, a felony. Detention during armed robbery was kidnaping for the purpose of robbery.

(People

v.

Knowles,

35 Cal.2d 175, 179-181 [217 P.2d 1].) In 1951 the Legislature amended section 209 to provide in material part, “Any person . . . who kidnaps or carries away any individual to commit robbery . . . shall suffer death or shall be punished by imprisonment in the state prison for life without possibility of parole, at the discretion of the jury trying the same, in cases in which the person . . . subjected to such kidnaping suffers . . . bodily harm.” Under the statute as amended the mere detention of the victim during the commission of armed robbery is not punishable under section 209.

(People

v.

Chessman,

38 Cal.2d 166, 190 [238 P.2d 1001].)

The acts charged against defendants as constituting kidnaping for the purpose of robbery were alleged to have been committed in 1954. The court, in instructing the jury in the present case, stated the law with respect to kidnaping

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