People v. Cooper

DRAPER, P. J.

Found guilty by a jury of being a convicted felon in possession of a eoncealable weapon (Pen. Code, § 12021), defendant was sentenced to prison. Appellant, Worley and Alderman were charged with robbery (Pen. Code, § 211), assault with a deadly weapon with intent to commit murder (Pen. Code, § 217) and possession of eoncealable weapons. Alderman pleaded guilty to a charge of attempted robbery. Cooper and Worley were tried on all three charges. Each was convicted only on the count of possession. The jury disagreed as to the other two charges against each. Only Cooper appeals.

[481]

Three masked men held up a jewelry dealer who was a particularly resistant victim. Despite being struck on the head by gun butts several times, and shot once, he picked up a stool and pursued the robbers as they fled. With blood running down his face, and shouting loudly, he chased them from his second floor office for some distance up the street, until he collapsed. The fact that a robbery was in progress was broadcast by police radio. A nearby patrol ear, driven by Officer Bigarani, arrived as the robbers fled by automobile. A bystander pointed out the direction taken by the fleeing car. At the officer’s request he joined them, and as they drove in pursuit, described the getaway automobile. This description was in part directly broadcast and in part repeated by Officer Bigarani over his radio as he drove. As the officers drew their guns and the car slowed, the bystander passenger announced “I’m getting out here,” and left. He was not located before trial. Officers in another police car, having heard the description of the wanted vehicle, found and stopped one answering it. It was driven by Worley, who wore a gun in a shoulder holster. Cooper, riding in the passenger seat, reached into the glove compartment as the car stopped. The officers found a loaded Luger pistol in the glove compartment. Cooper had in his pocket nine shells which fit that gun.

Appellant argues that Officer Bigarani’s testimony of the car description given him by the unknown bystander, and the testimony of the officers in the other squad car that they received the description by radio, was inadmissible hearsay.

This evidence, of course, does not relate to possession of a concealable weapon, the offense of which appellant was convicted. It does, however, constitute the only showing of reasonable cause for the stopping of the automobile and the arrest of appellant and Worley which, in turn, led directly to the discovery of their weapons. Hearsay evidence is admissible to show probable cause for arrest and search