People v. Meyer

THOMPSON (R. L.), J.

The defendant was found guilty of robbery and of a prior conviction of another felony. At the trial, he did not become a witness in his own behalf. It is now contended the evidence fails to identify him with the robbery or to support the judgment. It is also asserted the court erred in receiving in evidence three revolvers without sufficient proof connecting them with the crime with which the defendant is charged, and that the district attorney was guilty of prejudicial misconduct by calling the jury’s

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attention to the defendant's appearance, and in asserting that officer’s individual belief in the guilt of the accused.

The story of this’ crime reads like a modern film melodrama. It was a professional performance. Frank Bechelli operated a roadhouse resort near Redding. About 12:30 in the morning of April 7, 1931, a lull occurred in the activity of business. It was a bright, moonlight night. The barroom was brilliantly lighted. It was deserted except for the presence of Bechelli, the proprietor, Sylve Aussem, his “housekeeper”, and Jim Bell, a faithful adherent of the joint. Bechelli was decorated with a dazzling $450 diamond ring. Sylve also wore a valuable diamond ring and a diamond-studded wrist watch. Diamond lavalieres and eight or ten hundred dollars in cash were securely stored in a safe.

Sylve had just stepped out of the room to tuck her wire-haired fox terrier in bed. As she returned to the room a Husdon roadster roared up to the resort, and in walked three gallant musketeers each armed with a pair of guns. They were unmasked. Tex Rambo, who led the trio, was recognized as the “hombre” who favored the resort with a preliminary visit three weeks previous to this occasion. The defendant brought up the rear. Tex said, “Hello Syl, you see, I cum back”. Noticing the display of guns, Sylve thought it was a practical joke, and laughed. Then the trio promptly proceeded to business. The defendant glowered and fiercely commanded the victims to “stick ’em up”. He shouted, “This is no joke, we mean business, . . . turn over to the wall, and be quick about it”. They then began to prod the victims in the ribs with their guns to accelerate a compliance with orders. Bechelli was a bit slow in acting upon his cue, so Tex jabbed him viciously and said, ‘ ‘ Come on brown shirt, get over to the wall.” They were speedily lined up facing the wall in true Capone etiquette. The defendant then ordered one of their number to get a wire clothes-line from outside, with which they securely bound the hands and feet of their victims. They were gagged. Sylve was tossed upon a bed in an adjoining room and a quilt was drawn over her head. Bell was similarly disposed of. Bechelli was thrown upon a Chesterfield couch in the front room and directed to turn his face to the wall. When he turned to take a look at the robbers, he was warned that a repetition of such conduct would make it necessary for them