People v. Hall

HERNDON, J.

Appellant Hall, and his codefendant Oscar Allen, were convicted of four counts of first degree robbery after a non jury trial in which there was a stipulation for submission of the case upon the transcript of the preliminary hearing, with such further evidence as might be offered and received. The major ground of reversal urged by appellant is that the trial court erred in failing, upon its own motion, to “disqualify” appellant’s attorney because of the alleged development during the trial of a conflict of interest between appellant and his codefendant, the same attorney having been employed to represent both.

There is no semblance of merit in this appeal. Appellant was convicted upon overwhelming evidence of guilt, the sufficiency of which cannot be seriously questioned. The record discloses no possible basis for any reasonable or plausible claim of reversible error.

In these circumstances an abbreviated statement of the facts will suffice. On the night of July 12, 1958, a card party was in progress at the home of one Leroy Berry. At about 1:55 a. m. three strangers entered the home. One of the intruders, later identified as appellant, drew a 45-caliber gun. He walked over to one of the card players and commenced whipping him with the gun. Appellant was observed to be wearing a dark suede jacket with a mended tear on the left shoulder. During a scuffle with one of the victims, the mend ripped open. Thereafter, appellant and his confederates took substantial sums of money and numerous items of personal property. Six of the victims gave testimony positively identifying appellant as a participant in the robbery, and picturing him using a deadly weapon in the perpetration of a vicious and ruthless crime.

Shortly after the robbery the police arrived and were given a description of the suspects and of the vehicle in which they had left the scene. A little while later the police observed a parked car which met the description given by the robbery victims. Looking in the car they noticed lying on the seat certain coveralls and a jacket with a tear on the left shoulder. The police returned to their car and waited. A few minutes later appellant and Oscar Allen came and got into the car. The police then placed them under arrest for robbery.

Appellant and his codefendant were represented by counsel

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