People v. Ferrato

[177]

DESMOND, P. J.

The defendant was convicted by a jury of second degree robbery and appeals from the judgment and sentence as well as from the order of the court denying his motion for new trial.

His claim that a reversal is in order rests upon three points: that he was not sufficiently identified as the perpetrator of the crime charged against him, that his attempted proof of an alibi should have raised a reasonable doubt as to his guilt, and by reason of inherent improbability this court should presume that the verdict was the result of passion or prejudice.

The crime of which the defendant was convicted occurred in broad daylight on February 21, 1944. The complaining witness, a Mrs. Reader, testified that at 4 o 'clock p. m., she and her niece, Mrs. Simmons, had gone by automobile from her place of business on Central Avenue to a bank located at Avalon and Slauson Boulevards in the city of Los Angeles for the purpose of obtaining money with which to cash payroll cheeks. The two women entered the bank and obtained the sum of $26,000. Part of it they concealed upon their persons, but the sum of approximately $6,000 was placed in a manila envelope and was carried from the bank by Mrs. Reader. She and her niece went to the parking lot where their automobile had been left and entered it from the left hand side, Mrs. Reader moving under the steering wheel and over to the right side of the car. She was followed by Mrs. Simmons, who took her place behind the steering wheel. But, before she could close the door, the defendant slipped into the front seat of the car and pushed her over against her aunt, having his right hand in his pocket jammed up against Mrs. Simmons’ side and his left hand held toward Mrs. Reader across Mrs. Simmons’ lap, at the same time saying, “Girls, this is serious; hand that over,” indicating the package which Mrs. Reader held in her arm. She testified that unconsciously she clutched the package to her and that the defendant said, “Hand that over if you don’t want this girl killed.” After that he reached and took the package out of Mrs. Reader’s hand, left the car and ran in the rear of a nearby filling station, where he disappeared. He was arrested two days later in Las Vegas, Nevada, and returned to Los Angeles where he was arraigned in the superior court on March 22d. Meanwhile, he had given bail and had returned to his apartment at Huntington Park.