People v. Sheppard

KINGSLEY, J.

After a trial by jury, defendant was found guilty on all five counts of an information charging him as follows: count I—kidnaping for the purpose of robbery, in violation of section 209, Penal Code; count II—robbery, in violation of section 211 of the Penal Code; count III—rape, in violation of section 261, subdivision 3 of the Penal Code; count IV—grand theft, in violation of

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section 487, subdivision 3 of the Penal Code; and count V—assault with a deadly weapon, in violation of section 245 of the Penal Code. He was sentenced to state prison for life without possibility of parole on count I, and to state prison for the term prescribed by law on the other four counts, the latter sentences to run concurrently with that on count I. He has appealed.

On December 11, 1963, at about 3 p.m., the victim started to enter her automobile, parked in the parking lot of a shopping center. A Negro man approached her, threatened her with a gun, ordered her to move to the passenger’s seat, took her car keys and drove the car away. After demanding her money, the man drove to a dead-end street, compelled his victim to remove her capri pants and underwear and raped her. He then allowed her to dress, drove her for about a mile and a half, and then allowed her to leave the car. He had taken $3 from the victim and drove off with her car. The victim promptly notified the police.

At about 8 p.m., of that day, defendant was apprehended by the police driving the stolen car. A search of the car disclosed a loaded revolver, later identified as similar to that used in the offense, and some other articles.

After his arrest, defendant was interrogated several times by police officers; no warning of constitutional rights was given until some time the next afternoon and after most of the statements herein significant had been elicited. In his several statements, defendant claimed to have borrowed the car from a friend named Ronald Sites; he denied any knowledge of the gun. At a later time, and after ownership of the revolver had been traced to him, he changed his story in part to that which he told on the witness stand. The ultimate story was as follows: He had purchased the revolver but had loaned it to Sites. On the evening of December 11th, defendant was standing on the sidewalk when Sites drove up in the car in question and invited him to go for a ride. While riding, they saw, and picked up, a feminine acquaintance of defendant. The young lady desired transportation to another part of town. Sites loaned defendant the car for that purpose, telling defendant to pick him up an hour later at a specified location. Defendant was arrested shortly after he had begun his errand of chivalry. When Sites picked defendant up, he saw the revolver in the car; Sites placed it under the front seat where the officer later found it. At the trial, Sites, testifying under the name of Arthur AVilson, corroborated defendant’s final