People v. Horgan

SHAW, J.

The defendant with James Allen and Dan Boyd were by information jointly charged with the crime of robbery, in that by means of force and fear they took from the possession and person of Jacob Widener, the prosecuting witness, the sum of $40, lawful money of the United States.

Upon a separate trial from his codefendants, Horgan was convicted of the crime as charged. His appeal is from the judgment pronounced, and from an order of court denying his motion for a new trial.

The alleged offense occurred in the city of Needles, California, at which place Boyd, Allen, an'd defendant arrived at about 10:30 P. M. on January 15, 1916, coming from Oatman, Arizona, where they had been employed as laborers in the mines. Upon arriving at Needles, Boyd and Allen obtained a room at a lodging-house at which they registered, and then, with defendant, visited saloons and restaurants around the town until about 1 o ’clock the next morning, when they went to a gambling-house conducted by one Faust in the basement of a building where a game of draw poker was in progress. Defendant and Allen each bought some $20 worth of chips from Faust and entered the game, in which Faust, Widener, and some three or four others were engaged. After playing for some time and losing the $20 which he had invested in chips bought from Faust, Horgan left the table and stood watching the game near Allen who continued playing. In the deal immediately preceding the “hold up” Allen drew an ace-king flush upon which, before other cards were drawn by the players, he raised the ante or bet. All but one of the other players laid down their hands. This player drew three cards, which, with the two cards retained, gave him three

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queens and a pair of jacks, upon which he won the stakes. Thereupon Allen, turning to defendant, said: “That is an awful way they have of getting our money. ’ ’ At this Horgan drew his gun and, pointing it at the crowd, ordered them to hold up their hands, saying: “All you-of-hold up your hands. I have got the best hand now.” Thereupon Allen proceeded to take from Widener some $35 or $40, and from others, including Faust, who was conducting the game, he took various sums. Then, compelling Faust to open the door, they left by the stairway leading from the basement, immediately following which there was an exchange of shots between Faust on the one side and defendant on the other. They took a train about to leave Needles, getting off at Yucca, from which place they came to Los Angeles, thence to San Diego, where they were arrested.