People v. Thurman

Opinion

HERNDON, J.

The People appeal from an order granting the respondent a new trial after a jury had convicted him of robbery. The appeal is authorized by Penal Code section 1238, subdivision (a)(3).

The case of the prosecution to a very large extent rested upon the incriminating testimony given by one Williams, an accomplice to the crime. The motion for a new trial was made and granted upon the sole ground that,

[727]

as a matter of law,

the testimony of the accomplice was not sufficiently corroborated to satisfy the requirement of Penal Code section 1111.

We hold that the testimony of the accomplice was corroborated by other substantial evidence which tended strongly to connect respondent with the commission of the offense. This corroborating evidence is of such convincing quality that it must have satisfied the jury that the incriminating testimony of the accomplice, portraying respondent as an active participant in the planning and commission of the offense, was truthful.

The Testimony of the A ccomplice

There were four participants in the plan to rob the Broadway Department Store in Pasadena, two adults and two juveniles. The adults were respondent Thurman and his co-defendant Childress. The juveniles were Terrence Williams and Gregory Thames, both 16 years of age. It was arranged that the two juveniles would do “the dirty work.” Williams and Thames were to enter the store, demand the money at gun point, and then make their escape in a stolen getaway car. Thereafter they were to meet respondent and Childress at a designated place to divide the loot.

Williams, having been granted immunity, testified that on the day before the robbery he and Thames met with respondent and Childress at a hamburger stand in Los Angeles and there made plans for the robbery. Thereafter the four of them drove to Pasadena in a green 1970 Chevrolet Nova with Childress driving.

On the following day the four again met and discussed plans for the robbery. In the Chevrolet Nova driven by Childress they drove to the Broadway store, circled it, and after further discussion went to a parking lot where Thames stole a 1964 maroon Chevrolet. Thereafter, according to plan, Williams and Thames returned to the Broadway in the stolen car while respondent and Childress returned in the Nova. Williams and Thames got out of the stolen car and went to the side of the green Nova in which respondent and Childress were seated. At this time Childress gave Thames a pistol and Thames handed it to Williams.