People v. Wiest

FOX, P. J.

Appellant and one Jarrett were found guilty by a jury of robbery in the first degree. (Pen. Code, § 211.) Wiest has appealed from the judgment.

At approximately 10:10 p. m. on April 2, 1961, Gerald Sehulhof, an employee of Thrifty Drug Company at Rodeo Road and LaBrea Avenue in the City of Los Angeles, had just gathered the receipts from the cash registers in his department and had taken them to the office on the mezzanine when two men taking long strides entered the office. One of them exhibited a gun which the employee thought was a .38 calibre revolver and stated, ‘ ‘ This is a stick up. If you make a move, I’ll shoot you.” The man holding the weapon kneeled down and scooped up the money, placing it in a couple of bags. He was identified by Sehulhof as the appellant. On cross-examination, Sehulhof stated that he was not positive about his identification of appellant as one of the robbers. On redirect, he stated that Wiest looked “very much” like the man that had the gun in the office on the occasion of the robbery.

Roger Given was employed at the Thrifty Drug store on the

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evening in question. He had occasion to approach the office shortly after 10 p. m. He observed two men in the office with Schulhof whom he did not recognize as employees of the store. They departed a few seconds later. In making their exit it was necessary for them to “come toward” Given and within approximately 2 feet of him as they passed by him. Given looked at them as they approached and passed. He gave chase. When the defendants were approximately halfway out of the store, appellant, who was behind, suddenly stopped, turned around and pointed his gun at Given who was then some 25 feet away, and stated: “That’s far enough, or I’ll shoot.” Given was “absolutely sure” of his identification of Wiest.

John Fagan was employed at the fountain which is right beside the northwest exit. He was standing about 4 feet from the exit when the robbers made their escape. He observed them as they ran out. He testified the defendants “resembled” the robbers.

Appellant denied participating in the robbery and sought to establish an alibi to the effect that he spent that evening and night at his sister’s place in Manhattan Beach. Jarrett exonerated appellant from any connection with the robbery. He named Joseph Bean as the person who had participated in the robbery with him.