People v. Wilson

TYLER, P. J.

Appellants, together with Charles Carlisle and Ernest Apac, were jointly indicted by the grand jury of the city and county of San Francisco of the crime of robbery. Carlisle and Apac were not apprehended and now are fugitives from justice. Defendants Wilson and De Bardeleben, appellants herein, were jointly tried in said city and county upon the charge and were convicted of robbery in the second degree. The indictment is in two counts. The first charges the four defendants with the commission of the crime of robbery committed on the eleventh day of November, 1926, at an unknown place in the state of California. It alleges that defendants feloniously took from the person of one Harold Turney certain personal property by putting him in fear and that thereafter they brought said property into the city and county of San Francisco. The second count is identical with the first except that it accused the same persons of committing the same crime against the

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person of Margaret Turney, wife of Harold Turney. Defendants were found guilty upon both counts. In brief, the evidence shows that defendants, both ex-convicts, had planned with Turney and his wife for an automobile trip. On November 11, 1926, at about 7 o’clock in the evening, they met by arrangement and proceeded along the Skyline Boulevard to the vicinity of Colma, in San Mateo County. At this time one of the defendants suggested that they procure some wine, and Mrs. Turney, who was driving the machine, was instructed to turn off the light, she being informed< that the bootleggers objected to a lighted machine. They then proceeded along a dirt road in the neighborhood, and when they had traveled a short distance all of the defendants set upon and beat and robbed Turney. They procured from him certain sums of money and other personal property. Thereafter two rings were taken from Mrs. Turney. The evidence further shows that the robbery took place somewhere near the county line dividing San Francisco and San Mateo Counties. Turney reported the robbery to the San Francisco police authorities. The officers obtained information that defendants resided at a certain rooming-house on McAllister Street, San Francisco, and they proceeded there to make an arrest. They demanded entrance into the premises. Defendant De Bardeleben was in bed and he requested that the officers wait until he put on his clothes, whereupon they attempted to gain entrance to the premises through a window. Shooting immediately commenced, resulting in the wounding of two of the officers and the killing of one Joe Tanko, a fugitive from justice. Upon search being made of the premises, certain of the personal property taken from the Turneys was found. Upon conviction defendants moved, upon various grounds, for a new trial and in arrest of judgment. These motions were denied and separate appeals were taken from the final judgment of conviction, and from the order denying the motions for a new trial. Appellant Wilson in support of his appeal contends that the judgment and order respecting him should be reversed for several reasons. It is first claimed that the superior court in and for the city and county of San Francisco had no jurisdiction of the ease for the reason that the indictment does not designate the county in which the crime charged was committed. It appears from the evidence taken before the grand jury, which