People v. Day

FOURT, J.

This is an appeal from a judgment of conviction of four counts of armed robbery and an attempted appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on August 12, 1966,

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defendant was charged in count I with robbing Albert Bobbins of certain personal property on or about July 20, 1966, and it was charged that at the time of the commission of the offense defendant was armed with a deadly weapon, namely, a knife; in count II defendant was charged with robbing Louis J. Seigel on July 10, 1966, while armed as stated in count I; in count III with robbing Frank Ptashne on June 24, 1966, while armed as stated in count I; and in count IV with robbing Archie C. Sweazea on May 27, 1966, and it was charged that at the time of the commission of the offense defendant was armed with deadly weapons, namely, a knife and a revolver. Defendant pleaded not guilty. In a jury trial defendant was found guilty on each count as charged in the information and it was found that he was armed in each instance as charged. The robbery, in each count, was found to be in the first degree. Defendant was sentenced to the state prison, the terms to run consecutively. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Count I: On July 20, 1966, at about 9:30 a.m. defendant walked into Albert Robbins ’ Liquor store on La Brea Avenue in Los Angeles, and after some discussion about a liquor transaction defendant grabbed Robbins and stuck a knife toward his ribs and said, “Don’t move, you- [an obscenity] or I’ll kill you.” Robbins was directed to lie down and not to move and he did so out of fear. Defendant took Robbins’ cash in the amount of about $240, and a camera. The knife which defendant wielded was left on the counter of the store. Robbins saw defendant in a police lineup and at the trial, and identified him as the robber.

Count II: On July 10, 1966, at about 8 a.m. Louis Seigel opened the liquor store (where he worked) on La Brea Avenue. Shortly thereafter defendant walked in and said, “This is a holdup. Make one mismove and I will run this through you.” while exhibiting a knife to Seigel. Defendant ordered Seigel to open the cash register and then forced Seigel to lie on the floor with his hands and arms outstretched. Defendant took about $160 from the register, a watch, a carton of Kool cigarettes, and then ripped the telephone out and ran from the store. The knife displayed by defendant was the same knife as used in the July 20, 1966, robbery of Robbins. Defendant was described to the police and .was. identified by Seigel in a police lineup and at the trial as the robber. At the time of trial, Seigel recognized the