People v. Foss

SHAW, J.,

pro tem.

The defendant was convicted of the crime of robbery and upon this appeal makes the contention that the evidence was insufficient to show the commission of that crime by him.

At the trial Thomas N. Littlewood, charged by the information to have been the victim of the robbery, testified that in the evening of October 2, 1926, he hailed the defendant, who was a taxicab driver and previously unknown to him, and entered his taxicab; that after driving to

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various places in defendant’s taxicab they went about midnight to a hotel, where defendant engaged a room, to which he took Littlewood and a third person; that at the time they entered the room Littlewood took- from his pockets a roll of bills and paid therefrom defendant’s charges, amounting to about $3, and then put the balance of the money back in his pockets; that Littlewood then had in his possession about $140; that previously during their ride Littlewood. had exhibited some, if not all, of this money in the presence of defendant; that upon being paid his charges defendant left the room and Littlewood undressed, placing his clothes upon a chair; that in a few minutes, and while said third person was still present, defendant came back into the room and began beating Littlewood with his fists, striking him on the head and making him unconscious, but that Littlewood got several good looks at him before this happened and knew that it was the defendant; that Littlewood had not given the defendant or said third person permission to take any of his money and did not turn any of it over to said third person that night; that when Littlewood came to he found himself alone in the room and at once rushed from the room into the street without waiting to dress and shouted for help; that one Shepard came to his assistance and went with him back-to the room, where Littlewood dressed, and then got into a car and went to the San Pedro police station and made a report.

Mrs. Ulna Plelvig testified that she was the landlady of the hotel to which Littlewood went with the defendant; that defendant rented the room from her and that afterward she heard some knocks and thumps and a moan, and thinking someone was sick she sent a boy named Donald to call Shepard, who was a roomer at the hotel. She did not go out herself and did not testify that she ever saw Littlewood at all or witnessed anything occurring between him and defendant.