People v. Dyer

California Court of Appeal Jun 13, 1963 No. Crim. 4205Published

Before: Kaufman

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Holding. The court held that there was substantial evidence to support the defendant's conviction as a principal in the crimes charged and that the trial court properly determined the defendant's confession was voluntary and admissible.

Issues

Whether the evidence was sufficient to support the judgment of conviction as a matter of law.
Whether the trial court erred in admitting the defendant's confession into evidence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is well settled that conflicts in the evidence are for the trier of fact and we think there can be no question that there is substantial evidence to support the findings and conclusions.”

“The rule is that when there is a conflict as to whether a confession has been freely and voluntarily made, the determination of the trial court as to voluntariness when supported by substantial evidence is binding on the appellate court”

KAUFMAN, P. J.

Appellant, J. L. Dyer, was charged by information with robbery, kidnaping, rape, and three prior convictions which were admitted. After proper waiver of a jury trial, he was found guilty of kidnaping (Pen. Code, § 207), rape (Pen. Code, § 261) and robbery (Pen. Code, § 211). On this appeal from the judgment and the order denying his motion for a new trial, he contends that the evidence is insufficient to support the judgment as a matter of law and that the trial court erred in permitting the introduction into evidence of his involuntary confession. As the notice of appeal was filed on May 8, 1962, the appeal from the order denying the motion for a new trial must be dismissed as an appeal from an unappealable order

(People

v. Britton, 205 Cal.App.2d 561 [22 Cal.Rptr. 921]).

Viewing the record most favorably to the judgment, as we must, the facts are as follows: On Saturday, October 21, 1961, the appellant, and his companions, Robert Braden, Ernie Stevens, James Givens and Donald EEankins, worked together all day at a box factory on 99th Avenue in Oakland. They had been drinking wine and beer all day and were all intoxicated. About 6 or 7 p.m., they left together in Givens’ 1949 light-colored Cadillac and went to the home of a girl named Chris on 23d Avenue and drank more beer. They left there

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about 8:30 p.m. and went to the home of Idella Graham who lived nearby. They left Idella’s between 8:30 and 9:30 p.m.

About 9:30 p.m. that evening, Mrs. Innie Mae Pililaau, ivlio lived at 1907 23rd Avenue, was sitting in her parked car talking to Alfred Emery. Rita Groll, a 12-year-old friend of Mrs. Pililaau, stopped to talk with her while walking home from church. The Givens’ Cadillac pulled up and the men called out for the young girl to come over to their car. Rita refused and the men got out of the Cadillac, whereupon Mrs. Pililaau got out of her car and attempted to push the little girl into it. One of the men struck Mrs. Pililaau, while another knocked her down, and the driver of the Cadillac drove the car back and forth across her foot twice. The young girl ran home and the men proceeded to break the windows of Mrs. Pililaau’s car.

People v. Dyer

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KAUFMAN, P. J.

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