People v. Brown

STURTEVANT, J.

The district attorney filed an information against the defendants, charging them with robbery, and in the second count charging them with conspiracy to commit robbery. They pleaded not guilty. Both were tried together before the court sitting with a jury. The jury found each defendant not guilty of robbery and it found

[118]

each defendant guilty of conspiracy to commit robbery. Both defendants have appealed.

In presenting their appeal the defendants assert that the evidence introduced was not sufficient to prove that a conspiracy was formed. We think that the point is not well founded and that the evidence was abundantly sufficient to prove that a conspiracy was formed.

Prior to December 8, 1928, the alleged date of the offense, the two defendants had been living together as man and wife. ,On the evening of that day and prior to the appearance of the complaining witnesses the two defendants had been together for several hours. On that same evening the complaining witnesses, Peter Olson and Olaf Jurgensen, two brothers, registered at the San Pablo Hotel, in Oakland. A few minutes later they went out on the street to find an eating place. On approaching a restaurant they found it was locked, and, as they were about to turn away, Bertha Brown turned to them and asked,“What do you want?’' At the time that she spoke to them she stood by the side of an automobile that was parked near the sidewalk, and was talking to a man who was seated in the automobile. The complaining witnesses answered Bertha by saying they wanted something to eat. Thereupon she remarked that she would assist them. They followed her to a restaurant, but it was closed. She then proposed that they get a drink. She asked them their names, and, on being told, she took them to a bootlegger’s, introduced them, and they had some drinks. Olson took one drink, but Jurgensen and Bertha took several. Bertha asked the complaining witnesses to go with her to a private place, which she said she could get into; however, it was finally agreed that they would all return to room 514 of the San Pablo Hotel. The two complaining witnesses were taken up to the room by. the night clerk, who operated the elevator. Bertha remained outside for the time being and later went up the stairs and entered room 514.