People v. Price

SCOTT (Robert H.), J. pro tem.

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Defendant was convicted of the crime of robbery (Pen. Code, § 211) which the jury found to be robbery of the first degree and was committed to the Youth Authority. Prom the judgment of conviction he appeals.

In June, 1958, shortly before midnight a man who was the victim of the robbery was sitting in his automobile which was parked next to the curb. With him was a young woman who was a casual acquaintance. Another ear drew up alongside and the person in the right front seat pointed something at the victim saying that it was a gun and demanding the victim’s wallet which was thereupon delivered and the car then drove away.

Later that month defendant was arrested in Covington, Virginia, and by the sheriff of that county was turned over to police officers from Los Angeles who had gone there to receive him. One of the officers also received from the sheriff a gun, shells, a credit card and a statement of defendant

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confessing the robbery. The officer testified that the defendant told him that the statement had been free and voluntary and that defendant had signed it, but that defendant later denied to the officers that it was true, stating that his companion had held the gun on the victim and defendant had been driving the car.

The statement admitted that defendant owned the gun and had used it in the robbery, and thereafter had started east with two companions, using the victim’s credit card to purchase gas, oil and tires.

The officer further testified that in other conversations defendant admitted every fact essential to establishing his participation in the crime and many circumstantial details.

At the trial defendant said he had been pushed around by the Virginia sheriff and had signed the statement because the latter had threatened to seek a sentence of a year in jail for him if he did not sign it. He denied sharing in any part of the robbery claiming that his companions told him they had committed it. The officers from Los Angeles were not accused by him of using any force or violence or of promising immunity or reward. Defendant also testified that at the time of the arrest one of his companions had the gun and the other had the victim’s credit card, but that they were released by the local authorities under a suspended sentence for vagrancy while defendant was turned over to the Los Angeles police officers.