People v. Cheaney

CRAIG, J.

At about 9 o’clock at night on June 12, 1927, the occupants of an automobile were accosted by a highwayman on the public streets of the city of Los Angeles, who deprived them of a watch, a diamond ring, about $10 in money, and their car. About three years thereafter the appellant was apprehended and charged by information with the theft of the watch and the ring, of which a jury found him guilty. He has appealed from the judgment and from- an order denying a motion for a new trial.

It appears that on the evening mentioned a lady and her escort were sitting in a black Auburn sedan in front of her residence on St. Andrews Place, in said city, when a man appeared, pointed a revolver at them, and demanded that they “drive on”; that he entered the rear seat, menacing them with the weapon, ejected them from the car, and drove away. The automobile, watch and ring were

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recovered, and the jewelry was identified by the owners during the trial. They testified that their assailant was of medium height, wore a light overcoat, Panama hat, and had a mustache, but were unable to swear that the defendant was the same person. A Mrs. Mae Dye, who testified that she had known the defendant for a period of about three years, received the ring, which consisted of three large diamonds and several small ones, from one Henderson, pawned it in the city of Pomona, and thereafter accompanied one Hatfield to the pawnshop where the latter purchased the same, and he subsequently delivered it to the officers. Henderson testified that on the evening of the robbery he was riding with the defendant in the vicinity of St. Andrews Place, and that Cheaney was armed; that appellant had previously stated that he was going “out and hold somebody up”, and that as they neared St. Andrews Place he called the witness’ attention to an automobile standing to the rear, and alighted, stating that he was going back to the car ’ ’; that in about twenty minutes he returned with a black machine, which he parked, entered his own car with Henderson, and directed him to proceed; that when Cheaney returned he wore a false mustache, had in his possession a fur coat and the ring above described, remarking that he had taken them together with a watch from the occupants of the other machine, but that he had lost the watch. This witness also testified that Cheaney gave him the ring; that he left it at Pomona for sale, and later, accompanied by Mrs. Dye, he went again to that city where he withdrew the ring and delivered it to her prior to its hypothecation by the latter as heretofore observed. She corroborated this last statement. A physician, Dr. William B. McDaniels, admitted that appellant or someone who accompanied him to the witness’ office deposited the watch with him as security for appellant’s indebtedness to him for professional services, and that he, the witness, delivered the same to an officer. The doctor at about the same time also received a fur coat from the same source for a like purpose.