People v. Best

[102]

MOORE, P. J.

From two judgments of conviction of gránd larcen3r, after former convictions of felonies, and from an order denying his motion for a new trial, defendant appeals. As grounds for reversal he contends: (1) that the proof was insufficient to establish his identity as the perpetrator of the crimes; (2) that the court erred in receiving certain testimony descriptive of firearms used by appellant in the commission of the crimes; (3) that the district attorney was guilty of misconduct in his argument to the jury, and (4) that the court erred in giving certain instructions with reference to “aiding and abetting” in the commission of the robberies.

Appellant was indicted for the commission of three felonies. In the first count he was accused of having robbed by means of force certain Japanese men of the sum of $8,000. On this count he was acquitted. The facts forming the basis of count 2 are as follows: On July 21, 1939, two men entered the lobby of the Hill and Atlantic branch of the Security-First National Bank. One of them stood in the customers’ lobby while the other entered the enclosure behind the gate and by displaying his revolver forced the employees of the bank to face the rear wall while he took money from the cash drawers. Appellant was identified as the one who took the money by the employees of the bank, including Powell, Nelmes and the manager, DeWalt. At the time of the robbery appellant held a handkerchief over his face but lowered it to make his conversation intelligible to DeWalt, who was at a distance of two feet from him. At that time DeWalt gained a profile view of appellant’s face. As to his general appearance and size, he was identified by Powell, and with particular reference to his size and dress by Mr. Nelmes. At the time appellant wore dark, white-rimmed glasses and held an automatic revolver. He removed from the bank $6,603.12.

The facts supporting count 3 of the indictment are as follows : On December 11, 1939, two men entered the front door of the Whittier and Euclid branch of the California Bank. One stood at the front door covering the employees and customers with a revolver while his partner, menacing those present with an automatic pistol, took currency from the tellers’ cages in the amount of $2,124 and removed it from* the bank.

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