People v. Shelton

LILLIE, J.

Defendant was charged in count I of an information with armed robbery (Pen. Code, § 211) and in count II with grand theft (Pen. Code, § 487, subd. (3)). The jury returned a verdict of guilt on the armed robbery charge and of acquittal on count II. Defendant moved to reduce the offense to second degree robbery; the motion was denied. He appeals from the judgment.

In the evening of January 27, 1966, defendant was sitting in a bar a few stools away from Phillip Cochran; he introduced himself to Cochran and left. Cochran left 15 minutes later and as he approached his car defendant walked over and asked him where he was going; learning that Cochran was going to Gardena to play poker, defendant advised him not to lose his money, suggesting that they return to the bar. They sat together in the bar and split the cost of a pint of whiskey. Thereafter, upon defendant’s request, Cochran and defendant went to the 339 Club in Cochran’s car; there they had a few beers and played some pool. When they decided to leave, defendant old Cochran that a third person was going with them; this person was a stranger to Cochran. The three got into the car and at defendant’s direction, Cochran drove to defendant’s home. On the way, around 2 a.m., they were

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stopped by Officer Sutton because Cochran had driven through a red light; the officer gave Cochran a sobriety test. He noticed defendant and another person in the ear but, Cochran having passed the test, the officer permitted them to proceed. When Cochran arrived at the house to which defendant had directed him, defendant told him to go inside; he did so because he thought he would like a drink. He parked the car, pocketed the keys and went into the house with the two men; they were joined by Jesse Pulton, who was already in the house. Cochran sat beside defendant on a couch and the third person poured drinks for all; then suddenly and without warning, the third person leaped forward and slashed Cochran across the face with a straight razor. He held up the razor and said, “You see this?” then told Cochran that it was a holdup and ordered him to take off his coat and get out his wallet. Cochran did as he was told. The third person ordered him to “Get off” his clothes; Cochran removed everything except his undershorts. The third person looked through all the pockets and examined his socks, and from Cochran’s billfold removed $90; he also took loose change from other parts of Cochran’s clothing. Then defendant, who had been watching, told Cochran he could put on his clothes but to stay steated and if he did not he (defendant) would kill him; after he dressed, defendant and the other two men left the room. Cochran heard them talking about dividing his money. A few minutes later defendant and Jesse Pulton returned; defendant again threatened to kill Cochran and wanted to know where he had the rest of his money hidden. Cochran said he had no more. Defendant, who approached him with his hands behind his back, told Cochran that unless they were told where the rest of the money could be found, he would kill him. Defendant “kept threatening” to kill him if he didn’t tell him where he “had it stashed away”; Cochran begged and cried and told defendant he didn’t have any more money; but if he did he would give it to him. Defendant, keeping his hands behind him all of the time, informed Cochran that he had a gun; Jesse Pulton told defendant to put the gun away and not kill him. Pleading for his life, Cochran then told defendant to take the keys to his car and search it and see if there was any money in it; defendant grabbed the keys and backed out of the front door. In a few minutes Cochran heard his car being started; he eased himself to the door and then bolted for freedom. He “never run so fast in [his] life,” and after several blocks he found a police