People v. Allen

McCOMB, J., pro tem. Defendant was convicted after trial by jury on two counts of robbery of the second degree. The appeal is from the judgments and purportedly from the verdict of the jury.

Viewing the evidence most favorable to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant case are:

September 21, 1936, Mr. Oreb was driving west on Washington Boulevard in the city of Los Angeles, when he saw defendant directly in front of his car, and was compelled to stop to avoid striking her. She told him she was ill and asked to be taken home. Immediately after getting into his automobile she stuck something violently in his ribs and ordered him to drive down a dark street, where she robbed him. Shortly before the foregoing incident occurred, following a similar procedure, defendant had robbed Mr. Brunning.

Appellant relies for reversal of the judgment on the following propositions:

First: The evidence is insufficient to sustain the verdict and judgment.

Second: The additional instructions given to the jury upon its request after it had commenced its deliberations were erroneous.

As to defendant’s first contention, we have examined the record and are of the opinion there was substantial evidence considered in connection with such inferences as the jury may have reasonably drawn therefrom to sustain the findings of fact upon which the verdict of guilty as to each count was necessarily predicated. We therefore refrain from further discussion of the evidence. (Thatch v. Livingston, 13 Cal. App. (2d) 202 [56 Pac. (2d) 549]; Koeberle v. Hotchkiss, 8 Cal. App. (2d) 634 [48 Pac. (2d) 104] ; Leavens v. Pinkham & McKevitt, 164 Cal. 242, 245 [128 Pac. 399].)

The second proposition advanced by defendant is likewise without merit. After the jury had been instructed and retired to deliberate, it returned to the courtroom and the following occurred:

[303]“The Court: Let the record show in the case of People v. Allen, the jury has returned into court. I may state to counsel that I received from the jury the inquiry: ‘Would the forcing or the conveying in an automobile from one point to another, for the purpose of adultery, constitute the crime of kidnaping ? ’ I am not quite clear what the question is. I think I can answer what you have in your minds here. I stated to you what the law is. There are several forms of kidnaping. The defendant, however, is only charged with one particular form. The charge against the defendant is that she seized and kidnaped the witness named, the young man, who I think was—