People v. L'Hommedieu

STURTEVANT, J. This is an appeal from a final judgment that the defendant L’Hommedieu was guilty of the crimes of second degree robbery and of the unlawful possession of a pistol in violation of section 2, chapter 1098, Statutes of 1931, and from the orders of the trial court denying L’Hommedieu’s motion for a new trial and his motion in arrest of judgment. The defendant L’Hommedieu contends that except for certain admissions introduced in evidence there was no other evidence that he participated or was guilty of any of the acts charged against him. Clearly that contention is without foundation.

On the trial of the action both Physioc and L’Hommedieu, the accused offenders, tendered themselves as witnesses and were examined at length. From their testimony and the testimony of other witnesses, the following facts appeared.

Prior to the 13th day of February, 1940, Louis Physioc had been employed by Judd Goodrich and was residing in Los Angeles. In his employment he acted as delivery man and for the purpose of making deliveries drove a Chevrolet coupe owned by his employer. He had made the acquaintance of the defendant Edward L ’Plommedieu. On the morning of the day last stated the two were seated in the automobile. Physioc asked Goodrich for permission to use the automobile as he was changing his room. The permission was granted. Shortly thereafter Physioc and this defendant drove to the summer home of defendant’s mother. There the defendant entered the house in his mother’s absence, picked up .his mother’s diamond wrist watch and a Gladstone bag which contained nothing except a pistol. The two thereupon left for San Francisco. On arriving there they registered at the Hotel Jessie. Physioc registered as Lewis Davis. This defendant registered as Jim Davis. Both registered as from Reno. They were assigned to room 71. The next morning L’Hommedieu delivered his mother’s watch to Physioc and the latter pawned it borrowing the sum of $15. In making out the pawn ticket Physioc gave his address as room 71, Hotel Jessie. During the day of the 14th the two traveled about San Francisco visiting dance halls and places where drinks were served. That evening at about 10 o’clock, Physioc, dressed in his street clothes and wearing a brown corduroy overcoat, entered a barroom at 698 San [30]Jose Avenue. Leona Hough was the attendant in charge. The room was well lighted. He was not disguised in any manner but carried a pistol in his right hand. He walked to the cash drawer and commanded Leona to give him the cash. When she opened the drawer he reached in with his left hand, took about $45 currency and coin, and then backed out of the store. As he did so he said to her, ‘ ‘ Take it easy ’ ’. She followed him to the outside and there she saw him step into the right-hand side of an automobile which she believed to be moving slowly as he entered it. At once she telephoned the police and a little later gave a full written statement. That statement described the automobile and also set forth that the individual who robbed her was wearing a brown corduroy coat. The evidence discloses that according to the contention of Physioc and L’Hommedieu, as appears from their testimony in court, they were together continuously from the time they left Los Angeles until the morning of February 15th, when they were arrested while in bed at the Hotel Jessie.