People v. Belcher

SHINN, P. J.

By information Eugene Charlie Belcher and William Huel Barrow were accused of a violation of sections 211 (robbery) and 245 (assault with a deadly weapon) of the Penal Code; the defendants were represented by the public defender and tried by a jury. They were convicted of second degree robbery and assault with a deadly weapon which was reduced to assault with intent to commit great bodily injury. Probation was denied and each defend

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ant was sentenced to the state prison. Both appeal from the judgments.

Appellant Barrow applied for appointment of counsel on the appeal. After reading the record and ascertaining that ■the appeal is devoid of merit the application was denied and Barrow was notified. He has filed a brief; Belcher has filed none.

Barrow admits in his brief the obvious fact that the evidence was sufficient to support the conviction of assault with intent to commit great bodily injury, but contends that the evidence was insufficient to support the conviction of robbery.

There was evidence of the following facts: On the evening of January 8, 1960, Lawrence Bobbins parked his pickup truck near the Redwood Inn in Pomona and went into the inn. Both Belcher and Barrow were in the inn at this time. Bobbins stated that he saw the appellants playing shuffleboard but that he did not know them. After several glasses of beer Bobbins returned to his truck and discovered the appellants sitting in his truck. Belcher got out of the truck, took Bobbins by the shoulder, shoved him against the truck door, jammed something into his side, stating that it was a gun, and then finally shoved him into the truck. Belcher took Bobbins’ wallet, and after discovering that it was empty asked Bobbins where his money was. Bobbins stated that what he had was in the wallet, which contained $7.00. At this point Belcher took a king-sized Coca Cola bottle and hit Bobbins across the eye, cheek and head, and again asked Bobbins where he was keeping his money. Bobbins explained where the money was located in the wallet. Belcher then asked where the keys to the truck were. Bobbins told him they were in his jacket and started to put his hand into his jacket pocket. Belcher again hit him over the eye with the same bottle. When the two appellants got the keys they started the truck up, and Belcher pushed Robbins ’ head down between his knees. After driving for five or six blocks they parked the car and Barrow left the truck, returning shortly with some whiskey. After sitting at this location for about 45 minutes they left and drove to another lot. When the driver opened the door and started to get out Mr. Bobbins shoved him out of the truck. Bobbins tried to break away, hut Belcher caught him from behind and attempted to hold him. Bobbins’ jacket and tee shirt were torn from him as he attempted to escape. After a series of attempts to get away from the appellants Bobbins managed to. attract some