People v. Jackson

FOX, P. J.

Appellant was convicted of two felonies: (1) violation of section 211, Penal Code (robbery of one Melvin Goodwin) and (2) violation of section 12021, Penal Code (possession of a firearm capable of being concealed upon the person, appellant having previously been convicted of a felony). Willie Howard Johnson was also convicted of the armed robbery charge but he has not appealed. Appellant has appealed from the judgment.

On February 13, 1961, Melvin Goodwin was working as a clerk in Harold Peterson’s drive-in liquor store in Paso Robles. At approximately 8 :30 p. m., when Goodwin was in the store alone, appellant and Johnson entered. Appellant was holding a gun, which he pointed directly at Goodwin.

At appellant’s direction, Goodwin put all the paper money, consisting of one’s, five’s and ten’s in a paper bag. It amounted to around one hundred dollars. Johnson picked up the paper bag and the money and walked out the front door. Appellant told Goodwin to lie down, which he did. Appellant then also left. The men were in the store only approximately three minutes. Prior to their coming in, Goodwin did not see or hear any car nor did he see any car leave the area.

After appellant and Johnson left, Goodwin called the Paso Robles Police Department. He told them that two colored men had held up the store. A patrolman came out to the store in approximately five minutes. He took down the description of the holdup men which Goodwin gave him. Ray Sturgeon, a reserve deputy sheriff and merchant patrolman, was present when Goodwin gave the descriptions to the police. He took down the descriptions as Goodwin was talking. The man carrying the gun (the appellant) was described as 5 feet 7 inches, 155 to 160 pounds, 35 to 40 years old, slender build, Negro male, wearing brown zippered jacket, dark suntan pants, possible moustache and also needed shaving. The other man was described as wearing a cap and some kind of jacket. His trousers were wash clothes, not levis. He appeared to be a little taller and heavier than appellant. The description information provided by Goodwin was given to the Sheriff’s Office and to the Highway Patrol.

After receiving the description of the holdup men, Deputy

[571]

Sturgeon, searched the immediate area for the suspects but did not find them. He thereupon started checking his route again. At about 10 p. m. he reached Black’s Richfield Station in Paso Robles. Just before he entered the station, two colored men in a 1955 green and white Cadillac drove in. They purchased four dollars worth of gas and paid for it with four one-dollar bills. Appellant was the driver. He looked like he needed a shave. As Deputy Sturgeon reached the station, he observed the Cadillac just pulling away from the pumps with the two colored men in it. He had a conversation with the service station attendant, and then proceeded to follow the Cadillac on the freeway in order to obtain its license number. Upon obtaining the license number, Deputy Sturgeon went to the police department and turned it over to them. The license number was TAK 635. Sturgeon did not stop the Cadillac because he was by himself and not authorized to stop anyone. He did not have a radio in his car. Deputy Sturgeon told the officer at the desk the license number and let the police handle it. He believed “it might be a suspect from the armed robbery.” The deputy described the car as a white top, green body, Cadillac, about a ’55, and occupied by two colored men.