People v. Pianezzi

McCOMB, J.

These are appeals by

(1) Defendant Peter Pianezzi from three judgments of guilty of robbery in the first degree and

(2) Defendant Martin E. McGowan from two judgments of guilty of robbery in the first degree, after trial before a jury.

There are also appeals from the orders denying their motions for a new trial.

Viewing the evidence most favorable to the people (respondent), the facts are:

July 21, 1939, defendants Pianezzi and McGowan together with a third man held up and robbed the Hill and Atlantic Branch of the Security First National Bank at Long Beach, each of the robbers at the time being armed with a gun. The robbers took approximately $2,100 from Messrs. Maher and Powell in one cage of the bank and approximately $4,500 from Messrs. Nelmes and Braakenburg in another cage of the bank.

May 4, 1939, defendant Pianezzi and three other men held up and robbed the Yokohama Specie Bank in Los Angeles, defendant Pianezzi taking approximately $7,576 from a cage in the bank.

Defendants rely for reversal of the judgments against them on these propositions:

First: There is no substantial evidence to sustain the finding of the jury that defendants or either of them, participated in the robberies of which they were convicted.

Second: The trial court committed prejudicial error in receiving in evidence four guns found in the apartment of defendant Pianezzi.

Third: The district attorney committed prejudicial error in his argument to the jury ivhen he said:

“They all say that Mr. Pianezzi was in that bank. Is there one word of evidence to the contrary? None. The defendant does not choose to testify. If a man is innocent of an offense what is more logical than for him to get up on the witness stand and deny that thing with which he has been charged . . . What is an innocent man going to do? Is he going to say, members of the jury, I was not there, I was• so and so; don’t convict me of an offense which 1 did not commit. If that man were innocent he would scream as hard as he could proclaiming his innocence. Bobbery is the [268]