People v. Long

STURTEVANT, J.— The district attorney filed an information charging the defendants Roscoe Long and Lovell Barclay with the crime of robbery. Separately they entered pleas of not guilty. They were tried together. Both were found guilty of robbery in the second degree, each made a motion for a new trial, the motions were denied, and the defendant Long has appealed.

The facts as stated by the attorney general are as follows. Jacob Gensburg, an employee of the Moore Shipyard, resides at 715 Myrtle Street, between 7th and 8th Streets, in Oakland, California. On the night of June 4, 1943, about 10:05 p. m., he left his place of abode and visited a bar on the northwest corner of 7th and Market Streets in said city, where he ordered and consumed a bottle of beer. Both defendants, whom he knew by sight, were at said bar at the time. He left the bar for his room about 11:20 p. m. and walked west on 7th Street to Myrtle. While walking down 7th Street he looked behind him and observed the defendants walking in his direction, apparently following him. Arriving at the northeast corner of Myrtle and 7th Streets, he crossed over Myrtle diagonally in a northwesterly direction in line with the place where he lived. As he approached the curb of the sidewalk in front of said place, the defendants set upon him, threw him to the pavement and took from him by force and violence a-wallet containing $10, a red-handled pocket knife, and other articles of personal property, the latter of which were not made a part of the charge. The defendants upon securing said personal property broke away from the complaining witness who had clung to the jacket of the defendant Long, tearing or ripping it. Upon breaking away from the complaining witness the defendants ran up Myrtle Street in a northerly direction towards 8th Street, the defendant Long in the lead. The defendant Barclay disappeared within the block, which was later found to be 731% Myrtle Street, and the defendant Long continued his flight to 8th Street, where he turned to his left down 8th Street to Filbert, and down Filbert to 7th, and then in an easterly direction to 7th Street, back to the corner of 7th and Myrtle, where he was apprehended by the police [243]and placed under arrest, as was the complaining witness, the latter for intoxication.

Gene Viola, the owner of a liquor store at the northwest corner of Myrtle and 7th Streets, had returned to his store about 11:30 p. m. of said night to get his car, which had been parked in front of his store on Myrtle facing 8th Street earlier in the evening; he had just returned from a wrestling match he had witnessed. He had stopped at the drugstore on the northeast corner of 7th and Myrtle, purchased a newspaper, and crossed the street corner to his car, which he entered. Upon switching his lights on he observed the defendant Long and the complaining witness, who appeared to be fighting or wrestling. He called to them and inquired “What is going on here?”, when the defendant Long replied “This guy is trying to rob me.” The complaining witness spoke up and said “You stole my wallet and my keys.” The witness then testified that Long broke loose and ran up Myrtle Street from 7th to 8th, west on 8th, south on Filbert and east on 7th, back to the northwest corner of 7th and Myrtle. Viola, riding in his car, followed him around the block. When Viola returned to 7th and Myrtle, several officers were at the scene of the robbery talking to the complaining witness. Viola pointed to the defendant Long and said to the officers “Here is the man you are looking for.” The police officers then took appellant Long into custody. They searched him and found on his person a razor and the knife with the red handle, the property of the complaining witness. Viola did not recall seeing Barclay.