People v. Rodriquez

MARKS, J.

This is an appeal from an order denying a motion for new trial and from the judgments pronounced on defendants after a verdict finding them guilty of robbery in the first degree.

Defendants urge as grounds for reversal of the order and judgments (1) that the evidence is insufficient to support the verdict and judgments, (2) an error of law in admitting evidence, (3) errors in refusing to give instructions to the jury requested by them.

Defendants were convicted on circumstantial evidence.

On the evening of November 21, 1938, Pete Gallato, the victim of the robbery, went to the home of Rodriquez and collected rent. Rodriquez was in the house and knew of this collection. Gallato lived near the Rodriquez residence.

At about 9 :15 o ’clock on the same evening, Gallato, hearing a noise outside his house, opened his back door. He was beaten over the head and robbed of fifty-six or sixty-six dollars. His wounds bled profusely and required about thirty-

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four stitches to close them. A neighbor saw two men running from the scene of the robbery.

Blood was found on the clothing of both defendants and on the shoes of Rodriquez. The blood on Rodriquez’s clothing was of the same type as that of Gallato and of a different type from his own. A mask was found in the pocket of Rodriquez’s clothes at the time of his arrest.

After their arrest both defendants made admittedly false statements concerning their whereabouts at the time of the robbery, and statements proved false in attempting to explain the blood on their clothing. When accusatory statements were made to Cayoza he did not deny, but evaded them.

This evidence, while circumstantial, supports the verdict and judgment. (See,

People

v.

Barnett,

87 Cal. App. 243 [261 Pac. 1068];

People