People v. Taylor

KNIGHT, J.

The defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial. He was jointly indicted with Jeff Rodgers (also known as Jeff Galbraith), A1 Moore, Rex Robinson, and Harry Walker (also known as Jimmy Walker), but was separately tried for the reason he was not apprehended until some months after Rodgers, Moore, and Robinson had been tried and convicted.

On the night of January 13', 1923, a café named “The Pergola,” near Hayward, Alameda County, was “held up” by several masked bandits and about 250* of its patrons were robbed. According to the evidence offered by the People, the conspiracy to rob the place originated in Modesto. One George Ducker was hired by Moore to convey him and Rodgers and appellant in Ducker’s automobile to Oakland, where Robinson and Walker were picked up, and then all were driven to the scene of the robbery. Ducker waited near by in his machine while the robbery was in progress and afterward drove the entire party back to Modesto, where the fruits of the robbery were divided and the party disbanded.

The appellant offered no testimony in his own behalf, having rested his case upon the evidence introduced by the prosecution.

It is now contended that the evidence is insufficient to warrant a conviction, and that the testimony given by Ducker,

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who was admittedly an accomplice, was not corroborated by such other evidence as would tend to connect appellant with the commission of the crime. (Sec. 1111, Pen. Code.)

That the robbery was committed at the time and place, and in the manner alleged in the indictment, there can be no doubt. Furthermore, appellant’s active participation in the crime was clearly proved by the testimony given by Dueker if, as a matter of law, such testimony has been sufficiently corroborated to meet the requirements of the statute. Dueker's testimony, briefly stated, was that on the morning of January 13, 1923, he was hired by Moore to drive Moore and some friends to Oakland, for which Moore agreed to pay Dueker $100. Between 4 and

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o’clock that afternoon Dueker picked up Moore and Rodgers, the latter being known to Dueker as Jeff Galbraith, by appointment, in his automobile, in front of a pool-room in Modesto, and drove, as directed by Moore, a short distance south of Modesto across the Tuolumne River, to a fruit-stand conducted by one George Sylvia, who was commonly known as “Chicken George,” where Moore got out of the automobile, went into “Chicken George’s” place and soon came out accompanied by the appellant, who was known and referred - to as “Blackie.” The four men then proceeded to Oakland, arriving there about an hour or two after dark. Under Moore’s direction Dueker drove to a house on Thirty-third Street, where appellant and Galbraith alighted, went into the house, remained there about twenty minutes, came out, and all four men drove to a restaurant on Twelfth Street, where they ate supper. All were then driven back to the house on Thirty-third Street. Galbraith and appellant again entered the house, remained there about twenty minutes, and came out accompanied by Robinson and Walker. The entire party then entered the machine and were driven, under Moore’s direction, toward and beyond said café and up a lane, where the car was stopped and all of the occupants, except Dueker, got out, put on overalls, and disguised themselves with masks. Again entering the machine they were driven hack down the highway to a point near the café, where the machine was again stopped, the lights extinguished, and all except Dueker, who remained in the automobile, proceeded toward the café to commit the robbery. Following the robbery, which consumed about an hour and a half, all five men returned to the machine and were im