People v. Norris

PLUMMER, J.

The defendant was convicted of the crime of robbery in the first degree, upon an information filed against him by the district attorney of San Joaquin County, charging that the defendant on or about the twenty-eighth day of February, 1933, wilfully, feloniously, etc., held up and robbed the occupants of a certain roadhouse known as and called the “Five Mile House”, situate in said county. The roadhouse in question is situated about five miles north of the city of Stockton.

The record discloses that the defendant and one George Hibbitt, a negro, participated in the robbery, and at the trial of the appellant in this action Hibbitt, who had previously pleaded guilty and been sentenced to Folsom, told the whole story of the transaction. This record discloses that the appellant and Hibbitt had been acquainted with each other for some years, had worked together in Stanislaus County at a place near Los Banos, and for the same employer. The record further shows that on Sunday evening, February 26,

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who testified in the cause, to wit, Art Fuller and H. W. Lambert, were walking along on one of the streets -in the city of Stockton, the appellant recognized Hibbitt, who was sitting on a porch in front of a residence bordering the street where the three parties were walking, and at the time in question Hibbitt and the appellant had some conversation. This conversation was not overheard by either of the witnesses we have mentioned. Thereafter, the robbery occurred on the evening of February 28th.

The circumstances surrounding the robbery appear to be as follows: An automobile drove up in front of the roadhouse some time between 10 and 11 on the evening of February 28th; a colored man and white man immediately appeared at the door of the roadhouse, the colored man carrying a revolver, the white man having a handkerchief tied over his face to conceal his features; the occupants of the roadhouse were lined up, bound with wire, their pockets rifled and the till of the roadhouse opened and the contents taken. The proceeds of the robbery aggregated about $175. The details of the robbery are fully set forth in the testimony of George Hibbitt; the fact of their being driven to the roadhouse in a Buick coupe belonging to Norris; the bind of gun which Norris gave to Hibbitt to use as he preceded the defendant in accomplishing the robbery. It also appears from the testimony of Hibbitt that the appellant and Hibbitt had been acquainted with each other from some time in the year 1926; that it was in the years 1926, 1927 and 1928 that the two were living near Los Banos. This witness, however, had not seen the appellant after 1928 until the meeting in Stockton which we have just mentioned. On the way out from Stockton for the purpose of the robbery, it appears that the appellant, who was driving the car, explained to Hibbitt the manner in which the holdup should be carried out, and that the two drove about for some little time until the hour which we have mentioned.