People v. Walters

FILES, P. J.

Appellant and his codefendant (not a party to this appeal) were tried by a jury and convicted of three counts of armed robbery (Pen. Code, § 211). This appeal is from the judgment.

[337]

The evidence pertinent to the issues on appeal will be summarized.

Mrs. Dolores Widgins testified that about 2:30 p.m. on December 11, 1964, appellant and his codefendant, entered the office of the Southern California Gas Company where she was employed. Appellant said he was applying for gas service. In response to Mrs. Widgins’ questions he said his address was 1113 East 117th Street, his previous address was 10921 South Figueroa, and that his wife was employed at the Sally Shop. While Mrs. Widgins was writing, the eodefendant produced a gun and said, “ ‘Sweetheart, don’t move, just keep quiet.' ”

Mr. Krueger, a gas company employee, was standing in the doorway between the front room and the rear room. Another employee, Mrs. Shand, was in the rear room. Appellant ordered Mr. Krueger and Mrs. Shand into the front office, where the codefendant stood with his gun. Appellant then removed money from Mr. Krueger’s cash drawer and from Mrs. Widgins ’ purse and the purse of Mrs. Shand.

Mrs. Widgins was positive in her identification of the robbers. For sometime before the robbery she had been watching appellant as he loitered on the sidewalk outside her office window.

The prosecution also produced a police officer who testified, over objection, that he had interviewed appellant while he was under arrest on October 22, 1964, some six weeks prior to the robbery. In this interview appellant had said that his wife’s address was 10921½ South Figueroa, that his father’s address was 1113 East 107th Street, and that his sister was employed at Sally’s Dress Shop.

Appellant, testifying in his own behalf, denied any part in the robbery. He said he had spent the entire day in the office of the Landlord-Tenant Service at 82d and Broadway where he said he was employed. His testimony was that he had first worked there part time in October and had worked there regularly during December 1964.

Appellant’s wife, called as a defense witness, testified that she and appellant had formerly lived at 10921 South Figueroa and that his sister had worked at Sally’s Dress Shop.