People v. Cain

JEFFERSON, J.

Defendant was indicted in Count I with violation of section 187, Penal Code, murder, and in Count II with violation of section 211, Penal Code, robbery. Defendant pleaded not guilty. Defendant personally and all counsel waived trial by jury and the matter was tried by the court. The court found defendant guilty on Count I, of murder in the first degree and fixed the penalty at life imprisonment. Probation and defendant’s motion for new trial were denied and defendant was sentenced to state prison for the term of his natural life. Count II was dismissed.

On November 26, 1960, Nathaniel Gaines and Clifford Rollins entered a market located at 1895 E. 97th Street, Los

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Angeles. Rollins wore a silk stocking pulled over Ms head and Gaines carried a .32 caliber automatic in his hand. Gaines forced the owner, Otis Broxton, his wife and a clerk, Shirlene Withers, into the rear of the store. There he fired a shot into the head of Mr. Broxton, killing him. He then removed a wallet and some money from Mr. Broxton’s pockets. Meanwhile, Rollins was in the front of the store and after removing money from the cash register he left and entered a car owned and driven by James V. Barnes which was parked across the street from the market. A few moments later, Gaines followed.

Rollins testified that he, Barnes, Gaines and defendant were in Barnes’ ear when they went to the market; Barnes and defendant remained in the car while the robbery was being committed; he and Gaines went into the market to commit the robbery; after the robbery was committed and the shooting occurred they came back to the car; Barnes and defendant were still in the car; the four of them drove to Gaines’ house and divided the proceeds of the robbery between them.

James Barnes testified that, on November 26, 1960, Gaines, Rollins and defendant drove to the market where the robbery and shooting occurred

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Gaines, Rollins and defendant were in the car; Gaines produced a gun during the trip, showed it to him and stated it was loaded; Gaines and Rollins got out of the car and went into the market; he and defendant remained in the car; when Gaines returned to the car he said “Let’s get out of here—there’s been a robbery”; they drove to Gaines’ house; the four of them, including defendant, went into the house; the money was placed upon a table and was divided among them.