People v. Gordon

CRAIG, J.

The defendants, Barry Gordon, Ralph O’Brien, and William Shea, were prosecuted jointly under an information containing three counts. The first charges assault with intent to commit robbery; the second, assault with ;a deadly weapon, and the third, assault to commit murder. 0 ’Brien was committed to an asylum for the insane. Shea pleaded guilty, to assault with a deadly weapon and Gordon was found guilty as charged in the first and second counts.

It is urged that the evidence is insufficient to sustain the verdict. As against this particular defendant the evidence is circumstantial, but we think it cannot be said that the jury were not warranted in their conclusion as to his guilt. On appeal the truth of the evidence implicating the defendant is not subject to question. This was to the effect that at the time of the commission of the offense, and for a short period prior thereto, Gordon and Shea jointly occupied a room in the Dorris Apartments in Los Angeles. Gordon registered under the name of Thomas and Shea under that of Wright. Before the 26th of June, 1922, Gordon and Shea discussed holding up and robbing a cashier of a film employment concern. On the morning of the 26th of June, 1922, after planning among themselves to rob Harry St. Alwyn, Gordon drove Shea and O’Brien to a point near Eleventh and Hill Streets by automobile. At about the same time Harry St. Alwyn left his place of business carrying a satchel containing about $1,847. After walking a short distance O’Brien approached him and demanded the satchel. O’Brien threatened St. Alwyn with a gun and ordered him to “put them up, put them up.” A struggle ensued in which St. Alwyn was badly beaten with a gun in the hands of Shea. But the assailants were unsuccessful in their efforts to secure the satchel and they finally ran. Shea went down an alley, coming out on a street where he stopped for a moment and looked around and then jumped upon a passing automobile, which at that point slackened its speed slightly. This machine was

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driven by Gordon, and its number was obliterated. Gordon and Shea were later arrested in their room at the Dorris Apartments. Shea subsequently made a statement concerning the attempted robbery which was read in the presence of Gordon, upon which occasion he, Gordon, said: “I have nothing further to say; you have enough on me to hang me now; if I say anything, my attorneys will talk for me.”