People v. Wood

DRAPER, J.

A jury found defendant guilty of robbery and determined the offense to be of the first degree. Defendant appeals from the judgment.

Ralph Cook was found unconscious, badly beaten, bleeding heavily, in an alley behind a theater on Market Street in San Francisco. His pockets had been emptied and his personal papers were scattered. A laceration on the left side of his neck was 1% to 2 inches long and 1% inches deep. Beside

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him lay a smashed bottle of wine in a paper bag. The bag and some pieces of the glass were stained with human blood. Cook, appellant, Daniel Reardon and Robert Allee had been together in a nearby bar shortly before Cook was found. Appellant, Reardon and Allee were indicted. Reardon and Allee pleaded guilty and Reardon testified for the state.

He testified that the four had been drinking together in the bar, that he and Cook left to get a bottle of wine. Cook bought the wine and received change for a $20 bill. Reardon and Cook returned to the bar, left it with their two companions, and went to the alley where Cook was later found, to drink the wine. Reardon testified that he had suggested to appellant that they “roll” Cook. In the alley, Cook and appellant began to fight. Reardon struck Cook “a couple of times.” Appellant knocked Cook down and kicked him. While Cook lay on the pavement, Reardon took his money, some $18-$19, and gave it to appellant. These two then went to their hotel room. Appellant changed his clothes, placed the bloody clothing in a paper bag, and deposited bag and contents on the roof of a nearby building. He then accompanied Reardon to the bus station, whence Reardon departed for Santa Monica.

Reardon clearly was an accomplice, and the jury was so instructed. The principal question is whether his testimony was adequately corroborated (Pen. Code, §1111). The jury was fully instructed on the need for corroboration, and impliedly found it in the evidence.

Appellant, both in extrajudicial statements and in his testimony at the trial, admitted going to the alley, fighting with Cook, knocking him down and kicking him. He denied taking Cook’s money or knowing that it was taken. He claimed to have no knowledge that Cook had any money. Thus the only corroboration required is as to the taking of the money.