People v. Robinson

WHITE, J. To an information accusing him of the crime of robbery defendant entered a plea of not guilty and admitted, as charged, that he had suffered a prior conviction of a felony. After trial before the court, a jury having been waived, defendant was found guilty of robbery in the second degree. Prom the judgment of conviction and from the order denying his motion for a new trial he prosecutes this appeal, urging, as his sole ground for reversal, that the evidence is insufficient to support the judgment.

Prom the evidence adduced by the prosecution, it appears that on the evening of April 21, 1941, at or near midnight, the complaining witness, James H. Staples, and a party of friends, went to a night club on Central Avenue in Los Angeles, where they met the defendant, who said he [577]was the head waiter and would get them a table. The party ordered Coca Colas, and Staples had a bottle of whiskey which he passed around. The defendant was seated at or near the table of Staples’ party. About one o’clock defendant appeared to be sick, and asked Staples to take him out so that he could get some fresh air. After they got outside and walked around the corner, defendant asked Staples how much money he had, and Staples replied that he did not have any. Then, according to Staples’ testimony, defendant “made a pass” at him, and reached over and put his hand in Staples’ left trouser pocket, whereupon Staples struck at defendant. At that moment someone grabbed Staples and started to choke him; he was hit on the head and knocked unconscious. When he recovered consciousness he found his billfold, bank book and money were gone.

About three o’clock on the morning of April 22d, police officers, in answer to a call, came to 1032 East 42d Street, about one and one-half blocks from the night club, where they found defendant attempting to enter the house, claiming that he lived there. Upon ascertaining from defendant that his address was 1338 East 48th Place, the officers took him to that address, where he was admitted. About five minutes after the officers left defendant, they received a radio call describing defendant as being wanted for robbery, whereupon they returned to defendant’s home and arrested him. While the defendant was being removed from the premises at 1032 East 42d Street, one of the officers found Staples’ billfold, bank book and driver’s license lying on the sidewalk in front of the house. One of the officers testified that when they found the defendant on 42d Street he appeared to have been drinking; that he was unbalanced, but “not down”; that he could walk without support; that his answers were coherent, except as to where he lived.