People v. Jackson

FOX, J.

At about 6 p. m. on January 9, 1954, while Mr. Gaige, who was in charge of the Pasadena incinerator, was counting the day’s receipts, two men entered his office and robbed him. One of them struck him and grabbed what money was in sight; the other carried a revolver. They were in Gaige’s office only a matter of seconds. He was unable to identify them other than that they were colored and between 25 and 35 years of age. Two other men acted as lookouts.

Thereafter the four defendants were arrested and charged with the robbery. Defendants Jackson and Simpson entered pleas of guilty. Defendants Robertson and Pickens entered pleas of not guilty but upon a trial were found guilty by the jury. They appeal from the ensuing judgments and the orders denying their motions for a new trial.

During the course of the investigation Robertson and Pick-ens made statements and admissions to the police which amounted to a confession of their participation in the robbery. These statements were tape recorded without their

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knowledge and were played back to the jury. Appellants repudiated these confessions at the trial and testified that they were elsewhere when the crime was committed.

Appellants seek a reversal upon three grounds: (1) the admission in evidence of their alleged confessions which they claim were not free and voluntary; (2) because the tape recordings which were played to the jury were inaudible and unintelligible; and (3) because the court did not give an alibi instruction. There is no merit in any of these contentions.

Appellants argue that their confessions were not free and voluntary on the ground that they were placed in solitary confinement without formal charges being filed against them, during which time they made their incriminating statements to the police, which were recorded. It is not claimed that any force or violence was used on either appellant. The record also discloses there were no threats of force against either of them, and no promises or offers of immunity or any other inducement held out to either of appellants in connection with their respective statements.

The officers requested the jailer to place each appellant in a single cell where he could not communicate with other prisoners or trusties, and so that they could not communicate with each other. Robertson was arraigned the next morning after his arrest, advised of his constitutional rights, and served a copy of the complaint. Bail was fixed and the date for the preliminary hearing set. Pickens surrendered on April 7th after the officers had been to his home with a warrant for his arrest. He was booked and advised of the charge against him. He was arraigned on the following day.