People v. Remington

FINLAYSON, P. J.

The appellant Remington and one Shevlin were jointly charged with the crime of robbery. Remington, who was found guilty as charged, appeals from the judgment of conviction and likewise from an order denying him a new trial.

It is charged in the indictment that the two defendants, armed with a pistol, a dangerous and deadly weapon, feloniously and through the use of force and fear took from the possession and immediate presence of one P. N. Fox the sum of $6,373, lawful money of the United States, which belonged to the First National Bank of Watts. The robbery, which seemingly °is conceded to have been committed by someone, was perpetrated in the vault of the bank on August 29, 1924. Remington denied that he was the robber or that he had aught to do with the crime, and sought to prove an alibi. He was, however, positively identified as the robber by two of the bank’s employees—Fox, the assistant cashier, and one H. F. Logan. That both of these witnesses had ample opportunity to become familiar with Remington’s general appearance and identifying marks, if any, is shown by the following circumstances to which they testified: Two days prior to the robbery, at about the hour for closing the bank, Remington called and asked for the cashier. He pretended to be a reporter for a Los Angeles newspaper, and said that he had information that the bank was to be “held up” and that he was there to get a “scoop” for his paper. On the morning of the following day, at about 9:30 o ’clock, Remington returned to the bank and asked Fox if he had left a brief-case in the bank when he was there the day before. On the same day Remington again called at the bank, at about the hour of noon, and pretended to call a

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newspaper office on the telephone. He talked to Fox upon this occasion. Later on that day Remington returned and again pretended to call the newspaper on the telephone. At the hour for closing the bank Fox and Logan left the building, accompanied by Remington and Slievlin, the latter having come into the bank a few minutes previously. On the third day, the date of the robbery, as Fox and Logan were preparing to close the place and while Fox was setting the time-lock and Logan was carrying books into the vault, Remington appeared, drew two pistols, pointed them at the two bank employees and compelled them to enter the vault, where he tied them with heavy cords. While Fox and Logan were thus helpless Remington took from the vault the sum of $6,373 and made his escape. There is other evidence in the record besides that of the two bank employees tending to show that Remington was the robber who rifled the vault and stole the bank’s money.