People v. Green

YORK, J.

By amended indictments appellant was charged with and convicted of the crimes of robbery, kid

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naping and assault with intent to commit murder. He was also charged with a prior conviction of a felony, which he admitted. This appeal is from the order denying his motion for new trial and from the judgments entered on the verdicts of guilty of the three crimes.

There is direct and positive evidence that about 1:30 P. M. of the 31st day of August, 1932, appellant entered the Sierra Madre Savings Bank, located at Sierra Madre, California, and held up the bank. Leaving the bank, he took the assistant cashier with him; forced her to enter his automobile and kept her there until he had gone about a mile from the bank. About fifteen minutes after the hold-up, two radio police officers received information thereof, together with a description of the bandit and of the ear he was using. A short time later they observed the car which had been described to them traveling towards them on Huntington Drive, whereupon they started in pursuit, and pulled up alongside of said car. One of the officers pointed his gun at the bandit, whom the officers identified as appellant herein, whereupon appellant put up his left hand into the air, but when he brought his right hand into view, it held an automatic, with which he started to shoot, wounding one of the officers. Several shots were fired at appellant by both the wounded officer and his companion. The wounded officer was taken to a hospital, and appellant escaped.

Between 2:30 and 3 P. M. of the same day, a man, who was identified as appellant, entered a dry goods store in Los Nietos, which is located three miles from Whittier. He purchased a pair of trousers and changed his clothes, at which time he was wearing a glove which was almost full of blood. He then left the store and shortly thereafter abandoned the car which he had been driving. About 4 P. M. of the same day a man identified as appellant boarded an electric car at Rivera station, which is about a mile west of Los Nietos, and rode into Los Angeles city.

In spite of the direct and positive form of the depositions which located appellant in Kansas City on or about the date of this hold-up, the positive identification of the appellant as the party committing the crimes charged (although made nearly three years after the crimes were committed), was sufficient basis for the jury’s verdicts. Therefore, the