People v. Huston

SCHOTTKY, J.

Lloyd Huston was charged with the crime of robbery, the information alleging that he forcibly took from the person of one Earl Zumwalt $70 in money and a Bulova wrist watch of the value of $50 by means of force and fear. Defendant pleaded not guilty and was found guilty by the jury of the crime of robbery in the first degree. His application for probation and his motion for a new trial were denied and judgment was pronounced. He has appealed from the judgment and from the order denying his motion for a new trial.

Appellant wrote a letter to this court in which he attempted to set forth what he considers to be errors occurring during the course of the trial, and also stating that he did not have an attorney. This court appointed Mr. David G. Mclnnes, of the Sacramento Bar, to represent appellant on appeal. Mr. Mclnnes has informed this court that after a thorough review of the record it is his opinion that appellant had a fair trial and that there is no merit to this appeal.

Earl Zumwalt testified that he arrived in Willits, California, December 14, 1956, for a two-day holiday. After getting a room he went to Manney’s, a bar, for a few drinks. He was in and out of Manney’s bar all afternoon and had several

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beers. During this time he cashed a check which gave him a total of about $90 which he placed in his two front pockets. He met three women in Manney’s, bought them drinks, and was generally careless with his money. The group attended various bars during the afternoon and were at Manney’s or John’s Lodge when appellant joined them. Zumwalt asked one of the women to drive him to Laytonville, but appellant told him that all the woman wanted was his money and that he would take him there in his car. Zumwalt left with appellant later in the evening.

At the time he had about $70 in his pockets, and his Bulova wrist watch. About 4 to 6 miles north of 'Willits appellant stopped at a wide spot in the road, pulled out a knife and stuck Zumwalt with it. Appellant said “let’s have it” and when Zumwalt replied “what are you talking about?” appellant said “the money.” The knife was a large hunting knife with a single blade, and when Zumwalt attempted to slap it aside his thumb was cut. Appellant took Zumwalt’s watch off his arm. He bent the victim over the seat, held the knife on him, scratched his neck and reached into his pockets and took out the money. He said he should kill Zumwalt. Appellant made Zumwalt take off his shoes and belt, took some keys in Zumwalt ’s possession and after some time left the victim standing in the road.