People v. White

YORK, J.

Appellant was convicted on eleven counts of an indictment returned by the grand jury charging her with the crime of robbery in seven counts, attempted robbery in one count and in three counts with assault with a deadly weapon with intent to commit murder.

This is an appeal from the judgments of conviction and from the order denying motion for a new trial.

The questions raised upon appeal to this court are the ■ following:

“1. Was the District Attorney guilty of misconduct, which denied the appellant a fair and impartial trial?

“2. Did the reading of the portions of the statement taken before the District Attorney, referring to acts and offenses not charged in the Indictment, so prejudice the jury that the order of the court striking out such statements failed to cure the error?

“3. Did the court err in permitting the District Attorney, over objection, to establish facts and offenses not charged in the Indictment nor in any way connected with acts so charged?

“4. Did the court- err in refusing to instruct the jury, as requested by appellant’s instructions appearing at pages 55 and 56, Clerk’s Transcript?

[469]

“5. Did the court err in giving the instruction set forth at page 48, Clerk’s Transcript, Line 22?

“6.

Did the court err in refusing to grant appellant’s continuance upon a showing that her counsel was confined in the hospital and unable to appear in her defense?”

It was never contended by the appellant that the robberies set forth in the indictment were not in fact committed, nor was it denied by her that on each and every occasion charged she was present and drove the automobile in which one Tom White, who committed the offenses charged in the indictment, came to and left the scenes of the crimes. Each of the counts charged robbery, attempt to commit robbery or assault with a deadly weapon with intent to commit murder. On each' of the robbery counts appellant was found guilty of robbery in the first degree, and on the counts of assault with a deadly weapon, she was found guilty of assault with a deadly weapon.