People v. Tubb

CRAIG, J.

-The appellant and one Erbert @ottwald were jointly charged with having committed the crime of robbery in the county of Los Angeles on or about July 6, 1927. Gottwald pleaded guilty and testified as a witness for the People. Tubb was convicted of robbery of the second degree, moved for a new trial, which was denied, and appeals from the judgment and from the ruling on said motion.

It appears that appellant at the time of the alleged offense had been employed as a general handy-man by one Weitzman, the owner of a hotel or apartment house on Beacon Street, and of a residence on Fifth Avenue, in Los Angeles city. Late in the afternoon of the date last mentioned, while the Weitzman family and appellant were seated at the dinner-table in the Fifth Avenue house, Gottwald entered, commanded them to put up their hands, took $80 and a check from Weitzman’s person, Tubb tied their hands with rope, placed a blue bandana around the head and over the mouth of each of the family, and was then in turn likewise tied by Gottwald, who entered an adjoining room and closed the door; that Gottwald opened the door several times, threatening to shoot if anyone should move, and finally escaped. Weitzman freed himself from the rope and, upon searching for his revolver, discovered that Tubb had taken it. Weitzman then started in an automobile in search of Gottwald, whom he overtook in the near vicinity, and with the assistance of other persons returned him to the house, where detectives were then waiting, and placed him under arrest. About two days later appellant was arrested, and upon being questioned at the police station, admitted to the officers that on July 1, 1927, he had planned the holdup; that on the 6th he caused Gottwald to hide in the garage near by, and that when the family were seated at the table appellant went to the garage and gave a signal, and returned.

[510]

Gottwald testified that appellant told him the Weitzmans were millionaires, and that he would like to get twenty-five thousand dollars; that appellant and the witness met at a theater, in a restaurant, a mission, and in one of the city parks, and that Tubb made all of the plans, explained them, and rehearsed Gottwald on each occasion, furnished him with funds, instructed him to buy a gun, and ‘1 asked me if I was game to come out there. ’ ’ This witness swore, however, that he did not purchase a revolver, but procured a cigarette case which resembled one, which he ultimately used in the holdup, and as to this fact there is no controversy. Upon cross-examination Gottwald was asked if it was not “planned between you and Tubb that this was only going to be a fake robbery; he was going to assault you and chase you out of the house, and let you get away?” To which he replied, “Not as far as I know.”, Counsel for appellant then asked: “As far as you heard, it was going to be a real robbery? A. Yes.”