People v. Britton

KAUFMAN, P. J.

Defendant was charged by information with assault with a deadly weapon (Pen. Code, § 245) and offering a bribe of $3,000 to ministerial officers (Pen. Code, §67%). He was tried by a jury, acquitted on the assault charge, and found guilty as charged of the bribery. On this appeal from the judgment of conviction and the order denying his motion for a new trial, the only contention is that the trial court gave certain erroneous and misleading instructions to the jury.

We turn first to the appeal from the order denying the motion for a new trial. The record indicates that the notice of appeal was filed on September 28, 1961. However, on September 15, 1961, the 1961 amendment (Stats. 1961, ch. 650) to section 1237 of the Penal Code became effective. This amendment abolished the appeal from an order denying a motion for a new trial in a criminal ease except in certain special circumstances which are not applicable here. Therefore, the appeal from the order denying the motion for a new trial must be dismissed as a nonappealable order under the new statute.

As there are no contentions raised relating to the sufficiency of the evidence, a brief recital of the record in the light most favorable to the People will suffice

(People

v.

Caritativo, 46

Cal.2d 68, 70 [292 P.2d 513]). It appears that the defendant, on the evening of December 23, 1960, was a customer in a San Francisco bar. The defendant apparently made a remark which irritated the bartender and then slid a glass in the direction of the bartender which shattered against an ash tray at the other end of the bar. The defendant left the premises pursued by the bartender and another customer. The bartender and one eyewitness testified that the defendant took a gun and pointed it at the bartender. Defendant testified he merely pointed his finger at the bartender. Defendant was

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pursued by a policeman together with a patron o£ the bar. At the time of the apprehension, the police officer removed a gun from inside the defendant’s coat. The police officer then brought the defendant back to the bar and was attempting to get his name when defendant, in a very low voice, said: “I have $500 in my pocket. If you’ll walk out the door with me, I’ll give you the $500 and you let me go.” The officer then told the defendant he could not do that and turned him over to other officers who had been summoned. En route to the police station in the patrol car with the two officers, the defendant offered each of the officers $1,000 if they would let him go, indicating he had the money in his pocket. Defendant repeated the offer several times more during the ride to the station. When they arrived at the station, the defendant’s handcuffs were removed and he was told to place all his property on the counter. The defendant put over $3,000 in cash on the counter, together with about $190 in money orders and in the presence of the booking officer, as well as the two officers who had accompanied him in the car, offered each of the men $1,000 to let him go. He pushed the pile of money toward the booking officer, who refused.