People v. Spates

McCOMB, J.

After trial before the court without a jury, defendant appeals from a judgment of guilty of (a) robbery in the first degree and (b) attempted robbery in the first degree.

Viewing the evidence in the light most favorable to the People, the record discloses that on the morning of February 28, 1958, defendant and Harold Langdon robbed a liquor store at 7528 South Figueroa Street, Los Angeles. The two men, each armed with pistols, separately entered the store shortly after it opened for business and threatened the proprietor with their pistols. They Jhen tied him up and took approximately $60 from his cash register and his wallet, containing some $15. At the trial, the owner identified defendant as one of the two men who had robbed him.

On March 8, 1958, defendant and Harold Langdon attempted to rob the dry goods store of Maurice Block at 1721 E. 103 Street, Los Angeles. Langdon entered the store first, about 8 p.m., and distracted the attention of one of the clerks by asking to see a white sweater. While the clerk was at the rear of the store showing a sweater to Langdon, defendant entered and stuck a pistol against Mr. Block’s body. Mr. Block grabbed defendant’s pistol and a struggle ensued, during which another customer came to Mr. Block’s assistance and together they disarmed defendant, who fled from the store and managed to elude his pursuers. He was subsequently arrested, and Mr. Evans, the customer who had assisted Mr. Block, identified defendant as the robber.

Defendant presents these questions on appeal:

First.

Did he effectively waive his right to a trial by jury?

Yes.

Defendant contends (a) that his purported waiver of a jury trial was qualified in such a manner as to make it no waiver at all and (b) that the trial court committed prejudicial error by not fully explaining to him the nature of his

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action in waiving a jury trial. These contentions are devoid of merit.

(a) The record shows that when defendant’s case was called for trial on May 27, 1958, he personally waived his right to a jury trial. The exact proceedings are as follows: