People v. Marvich

WOOD, Acting P. J.

Appellant was charged by information with the crime of robbery, in that on or about March 31, 1940, he feloniously and forcibly took from the person of Chester E. Slocum the sum oE $2,300, he being armed with a deadly weapon at the time of the commission of the offense. Appellant was also charged by information, together with

[860]

one James W. Gibbons, with the crime of robbery in that on or about June 30, 1940, appellant and Gibbons feloniously and forcibly took from the person of Virgil White the sum of $850, appellant being armed with a deadly weapon at the time of the commission of the offense. In both informations appellant was charged with the prior conviction of a felony, which charge he admitted. At a jury trial appellant was found guilty on both charges of robbery and he has appealed from the judgment of conviction and from the order denying his motion for a new trial.

The two victims, Slocum and White, were partners in the distribution of the Los Angeles Examiner in the city of Long Beach, their place of business being at 338 East Third Street. At about 6:25 P. M. on March 31, 1940, appellant entered the place of business of Slocum and White, dressed in a sailor’s uniform. At the point of a revolver he compelled Slocum to open the safe and to put money from the safe into a small suitcase which appellant placed on the floor. The amount taken by appellant on that occasion was $2,357. At about 1:30 P. M. on June 30, 1940, appellant and Gibbons went to the same establishment and found present Virgil E. White and several other persons. At the point of a revolver they were ordered to “get back to the counter and lay down on the floor”. The robbers compelled one of the victims to open the safe and to dump money from it into a bag. The sum of $983 was taken at this time.

Appellant contends that the court erred in consolidating the two informations for trial, claiming that sections 954 and 1098 of the Penal 'Code do not permit the consolidation of an action in which one defendant is named with another action in which two defendants are named. The appellant is not now in position to seek a reversal on this ground. The record shows that the two actions were consolidated by stipulation of counsel, and appellant permitted the trial to proceed after consolidation without presenting any objection. Manifestly he has waived the privilege of a separate trial.