People v. Ford

VALLÉE, J.

Ford and Leakes were charged, with one Randolph, in three counts with kidnapping for the purpose of robbery, robbery, and burglary. Ford and Leakes were found guilty by a jury as charged in each count. Randolph was acquitted on all counts. Ford and Leakes, referred to as defendants, appeal from the judgment and the order denying their motions for a new trial.

Defendants’ specifications of error are: 1. Venue was not established. 2. The evidence was insufficient to sustain the convictions. 3. The court erred in refusing to give their requested cautionary instruction with respect to oral admissions of a defendant.

The Clock Drive-In restaurant was located in Bell. In the early morning of March 15, 1954, two janitors were on the premises. About 5:30 that morning three colored men entered the restaurant. At least two of them were armed with revolvers. Each wore a baseball-type cap and had his face covered with a handkerchief. They tied up the two janitors and then removed a safe weighing about 1,000 pounds and containing about $4,700 from the building. Platt, a milkman, arrived at the restaurant on his regular run. One of the men with a gun ordered him to assist in loading the safe onto a black panel truck parked at the rear entrance. As the safe, mounted on a dolly, was skidded across the back of the truck, the dolly left skid marks. There was a Cadillac emblem affixed to the rear bumper of the truck. The men put Platt in the boiler room and left with the truck about 5 :45 a.m. Platt released the janitors and telephoned the police. When officers arrived they found a torn part of a temporary license on the ground in tracks left by the tires of the truck.

At 7 a.m. that morning defendant Ford, wearing a baseball-type cap, was apprehended by the police as he was driving the

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panel truck in a westerly direction on 92d Street near its intersection with Hoover Street. He had in his pocket a handkerchief which was identified by one of the janitors as the one which covered the face of one of the three robbers. The officers asked Ford who was with him ‘1 on the burglary. ’’ Ford replied he could not tell “because he had certain principles and he didn’t go that route.” Ford told two officers he would return all the money that was taken plus $1,500 if they would turn him loose.