People v. Linehan

SPENCE, J.

The defendants were convicted of robbery of the first degree. They have appealed from the judgments of conviction and from the order denying their motion for a new trial.

The robbery was committed by three men shortly after 9:30 on the morning of May 7, 1932, in an establishment known as the White Front Market located at 18th and Bryant Streets in San Francisco. A lunch and delicatessen counter was located on one side of this market and a butcher’s counter on the other side. At the time of the robbery there were five persons present in addition to the three perpetrators. These five persons include the two who operated the lunch and delicatessen counter, namely, Thomas Lagares and Grace Helfrich, and two others who operated the butcher’s counter, namely, Charles Scheufele and Leonard Mullane. These four were called as witnesses for the prosecution. The fifth person present was an old lady customer about 82 years of age who was not called as a witness.

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The testimony of the witnesses for the prosecution showed that the defendant Linehan entered the market alone and ordered something to eat at the lunch-counter. A few minutes thereafter defendants Cozzo and Oaken entered and with drawn guns announced: “This is a holdup.” Defendant Linehan joined the other defendants and the three proceeded with the robbery, taking money from the cash registers and also from the person of Mr. Lagares. On the afternoon of the same day the three defendants were arrested while driving out of the city along the Bay Shore highway. At the time of their arrest there was a grip in the car containing two loaded guns. Three of the witnesses for the prosecution positively identified all three of the defendants a.s the men who perpetrated the robbery. The fourth witness identified two of the three men. The defendants offered evidence tending to show that all three men were in another part of the city at the time of the robbery.

On this appeal appellants urge but two grounds for reversal. They first contend that the evidence does not sustain the verdict. A recital of the above-mentioned testimony is a sufficient answer to this contention. While appellants point to certain discrepancies and inconsistencies in the testimony of the several victims of the robbery, there was nevertheless abundant evidence to sustain the verdicts of conviction.