People v. Goldsmith

THE COURT.

In a jury trial in which he was represented by the public defender, James Wade Goldsmith was convicted of armed robbery. His motion for a new trial was denied. Before judgment was pronounced, and at the suggestion of the public defender that defendant might not be sane, the court appointed two experts to examine defendant and report as to his present sanity. The examination was had and defendant was reported to be sane and was found by the court to be presently sane. Probation was denied and defendant was sentenced to state prison. He appeals from the judgment in propria persona. He applied for appointment of -counsel on the appeal; being convinced from reading the record that there is no merit in the appeal, the application was denied. Defendant was notified and given time to file a brief, which he has done.

There was evidence of the following. The jewelry store of Vincent Canzone at 6904 South Huntington Boulevard, in Huntington Park, was robbed at about 1:50 p. m. by a man whose face was masked with a stocking, fastened to a red, white and gray cap and taped to his chin. A young man was in the store inspecting watches. The robber held a gun on Canzone, ordered the customer to close the door and threatened to kill him if he left. He then ordered the customer to put diamonds, watches and jewelry in a paper sack; the customer complied, putting in five trays of rings. The robber took $84 in a money bag from the safe and a bag of jewelry

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and went into a rear room, accompanied by Canzone and the customer. The robber lifted the stocking from his face, removed his cap and ran out the rear door into an alley. In a police lineup and at the trial, Canzone identified defendant as the robber.

Madeleine Steinbrook was employed at Republican Headquarters at 7024 South Huntington Boulevard. She testified that at about 2 p. m. on the date of the robbery Goldsmith came into the headquarters and engaged her in conversation. He went behind the counter, reached down under it, remained about 15 minutes and left. Mrs. Steinbrook then discovered a cap that had been shoved back onto a shelf. Dorothy Horen, who also worked at the headquarters, testified that she saw defendant when he came in about 2 p. m. She identified him as the man who was talking with Mrs. Steinbrook. Freda May Malm also testified. She went to work at the headquarters at about 5:15 p. m. She found the cap on the shelf. She pulled out a paper sack and from it a jeweler’s ease containing two rings. She retained them, and later gave them to an officer. At about 6 p. m. defendant came in. He stood at the end of the counter near the paper sack. He took the sack, saying that it belonged to him, and carried it away.