People v. Hahn

BURNETT, J.

Defendant was convicted of robbery and he appeals from the judgment and order denying his motion for a new trial.

One point is that the evidence was insufficient, particularly as to the identification of the defendant by the prosecuting witness, to support the verdict. How utterly insubstantial is this claim may be seen from the following testimony. John Gibson, the prosecuting witness, testified:

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“I was going home; I was going np Fourth Street to go to bed, and I met that big fellow there, and two young fellows, and that fellow. Q. When you say that big fellow, you are referring to the defendant Scheckmaster? A. Scheckmaster, yes; and I saw all three of them standing near the corner, and I passed by, and as soon as I passed their corner, two of them jumped in front of me, and this big fellow threw his arm around me. Q. Where did he put his arm around you? A. Like this [indicating] ; and these other fellows went through my pockets. Q. What, if anything, did they take off of you at that time? A. Fifty dollars and a half. . . . Q. Now, Mr. Gibson, are you sure that the defendant Scheckmaster was the man that held you at the time and in the manner you have described? A. Yes, sir. ’ ’

He further testified that he saw the defendant and one Hilger, who had been convicted of the same charge by a jury, together that afternoon.

Police Officer J. F. Pierini testified that he was on the scene shortly after the hold up, that “I saw two fellows running toward Fourth Street, and this fellow Hilger ran toward me. Q. How far away from you were they at that time? A. Well, I couldn’t observe the distance, because they were running. I had hold of Hilger taking him over to Jack Gibson, who was sitting in the doorway. . . . There was one big man and the others were not very big, about the size of Hilger. Q. ,But one of them was a large fellow ? A. Yes, sir. Q. And in reference to this defendant, comparatively was he about the same build? A. About the same. Q. Of course, as I understand you, you did not see his face, and you do not attempt to say that he is actually the defendant? A. No, I arrested the defendant on Jack Gibson’s description. ... I searched Hilger, and took Gibson up and asked him who the fellows were, and he gave me a description of the man that strong-armed him; gave me the description of a man wearing corduroy pants, a blue shirt and a sweater underneath, and having a dark coat, slouch hat, and a Jewish-looking fellow, Roman nose, wearing glasses.” It is indeed rather remarkable that such detailed description of the defendant could be given by the victim, but it would have been even more remarkable if,