People v. Abbey

California Court of Appeal Jun 21, 1932 No. Docket No. 235.Published

Before: Barnard

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Holding. The court held that revolvers found in the defendant's possession were properly admitted as evidence to corroborate testimony that the defendant was armed during the attempted extortion, and that any potential error regarding cross-examination was not prejudicial.

Issues

Whether revolvers found in the defendant's possession were admissible as evidence in an attempted extortion trial.
Whether the trial court erred in permitting cross-examination regarding statements made by the defendant to a deputy sheriff.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is well settled that in such a case a gun need not be positively identified as the one used.”

“We think this identification was sufficient, under the circumstances of this case, to justify the admission of the guns in evidence”

“The evidence in question was admissible for the purpose of showing that the appellant had the means available to commit the crimes in the manner described by the witnesses”

BARNARD, P. J.

On or about January 30, 1932', James N. Crofton received a letter reading as follows:

“It is your time to make a donation to us. You can take the easy way if you are smart. The hard way may not be good for you. You do as we tell you and no one will get hurt. Otherwise you can blame yourself for what

[414]

happens. You have been on the list quite a while bur, don’t know it. You've been lucky. Get $7,500.00 Dollars in 100 Dollar Bills, and have ready to deliver when we tell you to. When you are ready to pay put ad in the Evening Tribune, 3 days straight, reading.

“In Personal Column

“William that deal is OK with me. Signed Roy.

“A Mr. Houston will phone you where to deliver money. Give envelope containing money to your negro butler but tell him nothing. For this consideration your safety will be assured. We will move away. No frame goes. Try !o frame us and May God help you. A bad move and you will pay with something besides money. Report this to the police or any of your friends your lights will go out. We warn you to make no false moves.

“Houston.”

Both the letter and its envelope were written with printed letters. About 9 o’clock on the evening of February 2, 1932, Crofton received a telephone call from a man who said he was Houston, asking if he received “my letter” and “what are you going to do about it?” Upon being told that he was not going to do anything the man replied, “Well, you better do something because if you don’t we are going to fix you up.” After a little discussion Crofton agreed to meet the man at 10 o’clock that night in the depot in San Diego, the man stating that he could be recognized by certain wearing apparel. Crofton went to the depot at 10 o’clock and by arrangement a number of his friends, including a deputy sheriff of San Diego County and the San Diego fire chief, were also in the room. Shortly after Crofton arrived, the appellant entered the waiting-room of the depot, dressed as the man had said over the telephone he would be dressed. The appellant asked Crofton, “Did you bring it with you?” Crofton testified that as they sat down to talk the appellant jabbed him with something which he had in his coat pocket and said, “I have a gun on me, and if you try to do anything I am going to let you ‘have’ it.” He then testified: “And I told him—‘Well,’ I says, ‘I have got a gun on me; and if you do anything I am going to let you have it, too.’ So I had it in my coat, and I let him feel of it just like he let me feel of his gun.” A conversation ensued during

People v. Abbey

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BARNARD, P. J.

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