People v. Chandler

LILLIE, J.

Defendant was charged with robbery. (Pen. Code, § 211.) The information alleges that he feloniously and by means of force and fear took “from the person, possession and immediate presence of Meyer Kaufman . . . money and narcotics,” that defendant was armed with a deadly weapon at the time of the commission of the offense, and that he had previously been convicted of a felony for which he served a term in the federal prison. He admitted the prior felony charge. After a trial by jury had commenced, defendant waived his right to a jury and stipulated that the cause be

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submitted to the trial court on the transcript of the testimony taken at the preliminary hearing. The prosecution offered additional evidence. Defendant presented no defense and did not testify; he was found guilty of “Grand Theft from the person, a lesser included offense. ’ ’ He appeals from the judgment. His purported appeals from the verdict, conviction, order denying motion for new trial and “all appealable orders rendered in favor of plaintiff” are dismissed. (Pen. Code, § 1237;

People

v.

Basnett,

186 Cal.App.2d 108, 112 [8 Cal.Rptr. 804];

People

v.

Bernhardt,

222 Cal.App.2d 567, 571 [35 Cal.Rptr. 401].)

Around 9 p.m. on August 24, 1961, Meyer Kaufman a druggist, was in the back of the prescription counter of a pharmacy when he heard a commotion in the front of the store and someone herding customers into the back and into the lavatory. A man was in the front, another in the back. One of the men told Kaufman, “Get the money”; Kaufman went to the back register and got something over $100 which he put into a bag, which was underneath the register, and handed it to him. As Kaufman did so, the man also said, “Give me the narcotics, too.” Kaufman unlocked the narcotic files as fast as he could, put what he had available into a bag and gave the bag to the men. The narcotics consisted of demerol and codeine. He was then herded into the lavatory in back of the prescription counter.