People v. Dodson

ADAMS, P. J.

Appellants in this action, who have appealed separately and filed separate briefs, were charged by information with the crime of robbery in that they took from the person and immediate presence of one George Criss the sum of $30 by means of force and by putting said Criss in fear. They were tried jointly and both were convicted of robbery of the second degree. Both made motions for a new trial and for probation, which motions were denied.

On this appeal Terry contends that the evidence does not show that Criss was possessed of the money alleged to have been stolen, at the time of the alleged robbery, or that either of the defendants took said property from either the person of Criss or from his immediate presence, and that, therefore, the corpus delicti was not established by the prosecution. Dodson’s contentions are practically the same.

In considering these questions on appeal the following principles must be applied, to wit, that all presumptions in support of 'the judgment are to be indulged, and the evi

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dence, so far as there is any conflict therein, is to be considered in the light most favorable to the prosecution; also that guilty participation may be shown by circumstantial as well as by direct evidence, and that if the circumstances shown by the evidence justify the conclusion of the jury a reviewing court has no authority to interfere therewith. See

People

v.

Ekstrand,

28 Cal.App.2d 1, 3-4 [81 P.2d 1045] ;

People

v.

Anderson,

37 Cal.App.2d 615, 619 [100 P.2d 348] ;

People

v.

Perkins,

8 Cal.2d 502, 510 [66 P.2d 631].

Considering the evidence in the light most favorable to the prosecution it shows that on the evening of January 26, 1946, Criss went to the Old Homestead Cafe, a dance hall in Sacramento, about 10:30 o’clock. At that time he had in his possession approximately $35. He drank a bottle of beer while watching the dancing, then struck up an acquaintance with a soldier by the name of Thomas. Together the two of them consumed two bottles of beer, and sat talking until 11:45 p. m. when the closing of. the cafe was announced. Criss called a taxi and invited the soldier to go with him to get some chow mein. As they emerged from the cafe they were accosted by defendants, who offered to give them a ride to their destinations, and they accepted. Dodson produced his car which the four entered, Thomas occupying the front seat with Dodson, and Criss the back seat with Terry, the soldier presumably to be taken to the Signal Depot where he was stationed, and Criss to his home. They drove out 12th Street where Dodson turned and drove out along the levee. On the way either Dodson or Terry produced a pint bottle of whiskey and they all had a drink. A short time later they all got out of the car to have another drink, whereupon Terry immediately hit Criss a hard blow on the head, knocking him down over the levee and rendering him unconscious. According to the testimony of Thomas he saw Terry hit Criss a hard blow, Criss rolled down over the levee and was followed by Terry and Dodson. Thomas stated that he saw Terry standing over or near Criss down over the bank, with Dodson within a few feet of them, and that he then hastily departed from the scene. Criss stated that about 45 minutes later he recovered consciousness, and immediately felt for his money, which was in bills and change in his trousers pocket, but found that it was all gone. He then made his way to the police station in North Sacramento and reported it to the police. The police officer in charge there testified that Criss had been beaten up, that his clothes were dirty and