People v. Mendival

SHENK, J.,

pro tem.

Appellant and his codefendants, Broulio Galindo, Jose Hernandez, and Faustino Rivera, were jointly charged with the robbery of the First National Bank of Arcadia on the fifth day of April, 1922. Appellant, Galindo, and Hernandez were convicted and sentenced. Rivera was in the hospital at the time of the trial and so far as the record shows his ease is undisposed of. Appellant alone has appealed from the judgment and from the order denying his motion for a new trial.

The sole contention is that the evidence was insufficient to sustain the verdict in that there is no evidence, so it is claimed, tending in any way to connect the appellant with the commission of the crime. No authorities are cited in appellant’s brief. It contains a short summary of the evidence, with the suggestion that in order to determine the question raised it will be necessary to consider the evidence

[713]

in its entirety and the request is made that this court read the transcript for that purpose. That has been done.

About 7:30 o ’clock on the morning of the day of the robbery the defendant and his codefendant, Galindo, went to the auto livery station of Parsons Brothers in Los Angeles and rented a Ford car without a driver. Appellant signed the receipt and rental agreement in which it was specified that the car was to be returned before midnight of the same day. To this receipt and agreement appellant signed the name of Joe Rivas, an assumed name.

A few minutes before 1 o’clock on the afternoon of the same day a Chevrolet touring car stopped in front of the bank. Three men got out of the car and entered the bank unmasked. They were plentifully supplied with firearms. Two of the men had two revolvers each and the third man had one. At the points of these guns the president, cashier, and two bookkeepers were ordered first to put up their hands and then to lie down on the floor. Presently a customer entered the bank. He, too, was required to join the officers and employees on the floor. While one of the trio kept watch over the victims the other two proceeded to pack into two canvas bags about $2,800 in currency and silver, $3,720 in bonds, and $2,700 in travelers’ checks. When the packing was concluded all persons reclining upon the floor were required to enter the vault.