People v. Duncan

GOODELL, J. The appellant Barrett Corbett was accused by information of assault with intent to commit robbery upon the person of George E. Turner.

The appellant James Duncan was accused by information of assault with a deadly weapon upon the person of Henry M. Solum.

Both defendants pleaded not guilty. By stipulation the eases were consolidated and trial by jury was waived. The court found each of the defendants guilty of an assault with a deadly weapon, denied them probation, and sentenced each to serve nine months in the county jail.

The testimony of the two prosecuting witnesses and that on the side of the appellants presents a wide conflict as to the character of the altercation out of which this prosecution arose.

The following testimony appears without contradiction: On Friday, January 22, 1944, close to 12 midnight, the appellant Duncan was driving his Chrysler sedan easterly on Haight Street in San Francisco. Seated on his right was his wife, and on her right sat the appellant Corbett. On the curb on the south side of Haight Street stood Turner and Solum, looking for transportation down town where they lived. Duncan pulled up and they got into the rear seat. Whether they got in at Fillmore or at Buchanan Street, or at some street between is not clearly shown, but it is not material. After they had gone two or three blocks the altercation started. After it was over and the car containing its original occupants had left, a bystander gave the license number to Turner and Solum, [425]who gave it to the police when, they made their complaint; the police communicated with the motor vehicle department and got the address to which the license had issued, and Avhen, around 2 a. m. of the 23d, the Chrysler drove up to that place two police officers were waiting there and arrested both appellants.

The two versions split on what happened after Turner and Solum got into the car. They testified that after they had reached about Octavia and Haight Streets, Corbett identified by them as “the big fellow,” covered them with a gun and told them to “get out”; that one of the appellants, apparently Corbett, then began “feeling around” (presumably searching) and went through Turner’s billfold but found no money in it; that nothing was taken from his person, but a gun was kept pointed at him while this was going on. Meanwhile Duncan was hitting Solum over the head with some kind of an instrument which appeared to be a blackjack or a piece of pipe; every time Solum would get up from the ground he would be again knocked to the pavement by Duncan, and when it was over Solum was pretty bloody. Turner testified that he was hit on the back of the head with some kind of a weapon which raised a bump on his head. He could not say just what the weapon was.