People v. Harris

GRIFFIN, P. J.

Defendant-appellant was convicted by a jury of violation of Penal Code, section 211 (armed robbery of William Murray on January 16, 1963). He also admitted two prior felony convictions, robbery in 1955 and forgery in 1959.

The victim testified that defendant and another man, about 3:30 p.m. on January 16, 1963, took him to his place of employment to get his pay, consisting of $201 paid principally in twenty-dollar bills, which the victim placed in his shirt pocket. The victim bought some whiskey on the way to Albert Johnson’s home, where defendant and another person rolled dice, the victim not engaging in the game. After leaving the Johnson home, the victim met his girl friend, to whom he exhibited his money. She told him to take the money home. Defendant, who had accompanied the victim, asked the victim to drive him to Fontana to visit his sick children. On the way to Fontana, another half-pint bottle of whiskey was purchased by the victim, who received in change two silver dollars. When they had reached the California Club, defendant asked the victim to stop so he could check something. Inside the club, the victim ordered food. The defendant went into a back room, returned shortly and asked the victim if he was ready to leave. As they walked outside, defendant displayed a revolver, stated that it was real, fired it once into the air, and said, “Man, you had too much to drink there. I’m going to take your money home to your mama. . . . Give me your money, man. ’ ’ The victim refused. A scuffle ensued resulting in the tearing off of the victim’s shirt pocket by the defendant. Defendant ordered the victim into the car.

[216]

While defendant was driving, the victim hit defendant with a rock that he had picked up before entering the ear. The defendant threatened to kill the victim if he found the rock, but, not finding it, he drove to an abandoned service station. The defendant jumped out of the car and fled. The victim drove to San Bernardino where he telephoned the sheriff’s office. The investigating officer found scuff marks in the dirt of the parking lot of the California Club. Also found were a wrench and a pencil, identified as being in the victim’s pocket before the scuffle, together with a piece of fabric and white buttons similar to those on the victim’s shirt. The victim gave a description of the robber to the officer, told him he knew the robber only by the name of “Freddie, ” and that they had been together earlier that day. Inquiries at the California Club disclosed that the victim’s companion was known only as “Freddie.” Upon inquiry at 1021 West Eighth Street, the officer was told that Freddie Harris had been there earlier. At a pool hall, the officer discovered that Freddie Lee Harris lived directly over the pool hall, in apartment 2. The officer drove the victim home, not wanting him “to become involved in this.” The officer returned to the substation for help, made out a report and waited until after 12 p.m. to go to defendant’s apartment, “feeling sure that the subject would be in bed at this time when we went back there. ’ ’ The officer knocked on the apartment door. Defendant responded with, “Who is there?” The officer replied that it was the San Bernardino sheriff’s department and they wanted to speak to him.