People v. Barker

FILES, P. J.

The only question raised by this appeal is whether the trial judge erred in refusing to allow a defense witness to testify upon the ground that such testimony would subject the witness to prosecution for perjury.

The information charged appellant Barker and his codefendant, Saxton, with the crime of robbery, in violation of Penal Code section 211. Both pleaded not guilty and were tried before a jury. Each was represented by separate counsel.

Due to the nature of the question presented, a detailed statement of the evidence is iinnecessary. The skeleton facts are that the victim, a woman, was walking alone on Lake Avenue in Pasadena, south of Belvidere Street, when a man approached her from behind, knocked her down, took her purse, and ran. A passing motorist saw the victim prone on the sidewalk and saw a man carrying a purse disappear among the houses to the north, on the west side of Lake Avenue. A 1954 Oldsmobile with license JXK 620 was parked on Belvidere in the first block west of Lake. The motorist noted the license number of the parked car, and observed a man walk around the car and raise the hood. Except for these people, the street was quiet and empty. A neighbor who heard the victim scream looked out of her house and saw a man with white

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shoes running west on Belvidere. The motorist notified the police. Barker and Saxton were apprehended at 12:12 a.m., while they were driving the car with the JXK 620 plates approximately a mile and a half from the site of the robbery. This automobile was registered in the name of Mary Barker. The victim was able to give only a very general description of her attacker. She did testify that he wore shoes like the white, rubber-soled athletic shoes which Barker was wearing at the time of his arrest.

During the course of the trial, both defendants testified. Bach denied taking any part in the robbery. Both testified that Barker’s car had been loaned to Saxton for the evening, and that Saxton had picked up Barker some time after 11:30 p.m. Saxton said that before he picked up Barker he had had to stop the car for motor trouble, but didn’t know where this had occurred.

On the third day of the trial, after the People had completed their rebuttal evidence, appellant Barker was called back to the witness stand by his own attorney and was asked about a conversation he had had with Saxton. There was an objection, and then a conference at the bench in which the court was informed that Barker was about to testify to a confession made by Saxton. A few moments later counsel for Saxton informed the court that his client desired to change his plea. Thereupon, Saxton was rearraigned for plea and pleaded guilty. In answer to the prosecutor’s questions, he stated that he had discussed the matter with his counsel and that he was pleading guilty voluntarily because he believed he was guilty.