People v. Cupps

[521]

BISHOP, J.,

pro

tem.

Appellant was found guilty of robbery in the first degree: The evidence amply supports the finding. Close to 11 o’clock one evening, the evidence reveals, the home of the Blundons was entered by two men, unmasked, who, under the menace of revolvers, robbed the Blundons of #40 in cash, a radio and a bunch of keys. Both Mr. and Mrs. Blundon identified appellant, with positiveness, as the robber who held the guns while his companion collected. Immediately after the intruders left, Mr. Blundon hurried into the street and discharged his revolver twice. A police officer in a patrol car, operating in the neighborhood of the Blundons, hearing what he thought were shots, immediately thereafter saw a coupe, with a radio on the running-board. As the officer gave chase the coupe sped away, the radio bouncing off the car into the street. This radio was identified as the one taken from the Blundons and appellant was identified by the officer as the man who was holding it on the running-board of the coupe. About two hours later, appellant and one Keith were arrested and the stolen bunch of keys, containing a tag with the Blundons’ name and address, was found in appellant’s possession. This review of the evidence has been given to show the basis of our conclusion that the matters complained of, even if admitted to be errors, are inconsequential.

By way of defense, appellant produced testimony that he was at an East Vernon Street address, a few miles from the vicinity of the Blundons, all the evening on which they were robbed. A part of his story was that one Butler had borrowed his car, about 9 o’clock that evening. The appellant himself was a witness and testified that he told Butler to return his car in half an hour, but that so far as he knew it was not returned until he got ready to leave, ■about 11:30. At that hour the car, with Butler’s overcoat in it, was in front of the house where appellant had been. Before appellant appeared as a witness, Keith was on the stand and testified that the defendant was at the East Vernon Street address at all times between the hours of 7:30 and 11:30 P. M. on the evening of the robbery. Keith further stated that he had heard a conversation between Bob Butler and the defendant, but he was not allowed to relate its contents. The burden of the conversa