People v. Phillips

SALSMAN, J.

The defendant Phillips appeals from a judgment of conviction of first degree robbery. His companion, Willie York, was also convicted of the same offense but has taken no appeal.

The principal ground of the appeal is that the evidence, about which there is no conflict, does not establish a robbery as a matter of law.

The facts disclosed by the record may be summarized thus:

The defendant Phillips and his companion York planned the robbery of a service station. The method agreed upon was

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to drive in and order gas; York was to pretend to go to the men’s room but was actually to enter the service station office and rifle the cash box, while the defendant Phillips detained the service station attendant at the car.

On December 12, 1960, about 4:35 a. m., York and the defendant Phillips drove into a gas station in Richmond. York asked the service station attendant, William Farrell, for “$3.00 worth,” and then announced that he was going to the men’s room. In fact, he proceeded to the service station office, as previously planned, and began a search for the cash box. The attendant pumped gasoline into the tank of the car, cleaned the rear window, and then stepped forward on the passenger side of the vehicle to ask the defendant Phillips if the oil should be checked. The defendant then confronted Farrell with a rifle and stated “Move and your dead.” Farrell hesitated for a moment or two, and then looked across the top of the ear and saw Willie York rummaging in the office. Farrell immediately ran around the back of the car and into the station office, where he grabbed York and put him in a “bear hug.” As York and Farrell struggled, the defendant Phillips left the car, ran to the office and stood before the struggling pair with his rifle. York pleaded with Phillips not to shoot. In a moment or two Phillips turned and ran back to the ear. York broke out of Farrell’s grasp and also ran to the car, jumped in and drove away at high speed. Farrell ran after the pair as the car left the station and “hollered something about $2.98” for the gas. Less than 10 minutes later Phillips and York were taken into custody by the police. The rifle was found on the back seat of the car and bullets were found on the floor of the vehicle. When apprehended, York was armed with a razor.