People v. Ramos

PEEK, J. From a verdict of the jury finding him guilty of the crime of robbery in the first degree, defendant has appealed to this court.

The sole question presented is whether certain comments of the trial judge regarding the evidence introduced by defendant in support of his claim of alibi constitute prejudicial error.

It is readily apparent that a determination of the issue so raised demands a careful and thorough examination of the entire record. The pertinent facts therein disclosed are as • follows:

The complaining witness, one Floyd V. Surrette, testified that on the evening of December 15, 1943, while sitting at the bar in a tavern and gambling place known as Beltrami’s in the town of Broderick, he was approached by defendant who asked him to buy him a bottle of beer and some cigarettes, which he did; that defendant told him he was not feeling well and asked Surrette to help him to his home; that while he was taking defendant to a taxicab stand the defendant struck him with a club, knocking him down; that two other men then arrived, one of whom and defendant again struck Surrette, knocking him unconscious; that while he was lying on the ground his billfold was removed from his pocket, the currency taken out and the billfold replaced; that the robbery occurred at approximately 8:30 o’clock in the evening.

Ray Kelly, a barkeeper at Beltrami’s, identified defendant as the man whom he had seen with Surrette at the bar on the evening of the robbery; that the two men remained at the bar for fifteen or twenty minutes and then walked out together.

Thomas G. Wallace, a deputy sheriff, was called by the [733]prosecution and stated the defendant admitted to him that he had struck Surrette, and that while Surrette was lying on the ground another man came along, went through his pockets, took out a billfold and gave defendant $10.

Jack Ross, a garageman, a witness for the prosecution, testified that in response to a request from defendant he had talked to him at the county jail; that the defendant told him there were two other men with him at the time of the robbery; that one of the other men hit Surrette and that he [the defendant] was given $10. Ross further stated that the defendant then contradicted himself and said he was not at the scene of the robbery.

In his own behalf defendant testified that on the date of the robbery he was at the Sacramento County Hospital as a result of injuries sustained a few days prior thereto; that about the hour of 9 :30 o’clock that evening his mother and a friend called for him and drove him to their home in Sacramento, and that he remained in bed the rest of the evening. He admitted telling the officers at the county jail that he had robbed Surrette; that his reason for such admission was the fact that he was so excited and nervous he did not know what he was saying. He further admitted the testimony given by him on his preliminary examination, that he was working at the home of Jack Ross in Walnut Grove and did not arrive home until 10 o’clock that evening, was a falsehood.