People v. Williams

JEFFERSON, J.

In a joint trial, appellant Williams, together with codefendant Dixon, were found guilty by the court of armed robbery. A prior felony conviction alleged against Williams was found to be true.

Prior to the commencement of the trial Williams made a motion to be tried separately. The motion was made on the

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ground that statements allegedly made by Dixon, which implicated Williams in the crimes charged, would be introduced; that even with limiting instructions, the jury would be unable to segregate this evidence and consider it only as against Dixon. The court denied the motion and defendants thereafter elected to waive a jury trial. Dixon does not appeal. Williams contends as grounds for reversal of his conviction, that an insufficient showing as to the necessity for a joint trial was made by the district attorney, and that, under the circumstances presented, the trial court abused its discretion in denying the motion for severance.

Without detailing the facts, the evidence showed that a men’s apparel shop was held up by codefendant Dixon, who forced the proprietor, at gunpoint, to give him the money in the cash register and then fled on foot after slugging him and taking his wallet. Dixon was apprehended, a few blocks from the scene, by the police who had responded to a radio broadcast giving his description. Appellant Williams had driven Dixon to the vicinity of the men’s shop at the approximate time the robbery occurred and had parked, leaving his engine running. Shortly after he parked, Williams was approached and questioned by a motorcycle officer. The latter questioned Williams after being directed to him by the owner of another men’s shop located nearby. Dixon had entered this men’s store a few minutes before and had acted suspiciously. When Dixon left, the shop owner saw him get into a car which had its motor running and which appellant was driving. The shop owner followed Dixon and appellant to the vicinity of the men’s shop which was robbed, where Dixon left the car. After questioning appellant, the motorcycle officer let him go. A few minutes later, however, the officer heard the radio broadcast concerning the robbery, and he returned and arrested him.

At the time of his apprehension Dixon readily admitted the robbery. He later made two detailed confessions which implicated appellant. These confessions were admitted in evidence as to Dixon only.