People v. Ross

ROTH, J.

Appellant and two codefendants, Jeter and Hampton, were convicted by a jury of violating Penal Code, section 211: robbery. Jeter and Hampton have not appealed.

[345]

The victim of the robbery (Stoskopf), riding a streetcar from the city of Downey to Los Angeles, shared a drink of whiskey with appellant from a bottle he was carrying and as a consequence appellant guided Stoskopf to a poolhall where Stoskopf started to play a game of pool with a man other than appellant. Stoskopf abruptly terminated the play when some money he had left in a pocket on the table disappeared without explanation. Stoskopf left the poolhall and after two unsuccessful attempts to have someone call a cab for him, he noticed an MTA bus depot in the vicinity. He knocked on the door of the bus depot and received no reply. At about this time he saw defendant Jeter about 25 to 35 yards behind him. He also saw defendant Hampton across the street. He did not see appellant. Almost concurrently with the observations mentioned, Stoskopf was attacked from behind and knocked down. Before losing consciousness, Stoskopf saw Jeter break the cane which Stoskopf carried and saw appellant running away from the scene.

Phyllis Williams, an eyewitness, testified that she was sitting in her car in front of the MTA depot waiting for her husband, an MTA driver, when Stoskopf walked up to the depot accompanied by Hampton. Jeter and appellant were across the street. As Stoskopf left the door of the bus depot, Jeter and appellant crossed the street approximately 12 to 15 feet from her car. She heard Jeter say, “Come on. Let’s go after him.” The men then disappeared. She heard Stoskopf yell for help, and saw five men beating him. She left her car, ran to the bus depot and called her husband, whereupon he and several other drivers ran out and apprehended the attackers.

Forty dollars and a bottle of whiskey were taken from Stoskopf.

Appellant, on cross-examination, was asked by way of impeachment: “When you talked to [Officer Myers] at the scene there of the arrest didn’t you make the following statement to Officer Myers:

“ ‘I was walking down Alameda and observed eodefendant Jeter and a man called Slaughter-House beating victim. I didn’t do anything. I don’t know what happened.’ ”