People v. Miltenberger

DORAN, J. Defendant was charged in two counts of an information with the crime of robbery and burglary. Declared guilty by a jury, this appeal is from the judgment that followed and from an order denying a motion for a new trial.

It is contended on appeal that the evidence is insufficient; that certain alleged misconduct of the district attorney was prejudicial and that certain instructions were prejudicial.

The record reveals that three armed bandits wearing dark glasses and handkerchief masks entered Charles Brown’s room in the Sterling Hotel and while one stood guard over Brown the other two searched the chiffonier and “rummaged around in the closet.” They obtained eighty or ninety dollars. Incidentally, one of the rooms of Brown’s apartment was used as an office; this was also entered. Brown testified, “After I got out there, (meaning the office) Betty Hudson, the manager and housekeeper, she was on the lower landing of the stairs, cleaning the stairs.

“Q. That’s between the first and second floor? A. Yes, it is the first landing. So then I said, ‘Betty’ and she looked up and saw these three men masked and let out a scream. Two of them ran down and the next one ran down, so I immediately went back into the apartment, went out on my balcony there and gave an alarm and hollered, ‘Police, help’ and one thing and another, good and loud. Everybody heard me on the street. Then I proceeded to call the Police Department over the telephone.

“Q. You say you went out on the balcony? A. I did.

“Q. What did you do out there? A. Gave an alarm and hollered ‘Police,’ and so on.

“Q. Did you see anyone in the street at that time ? A. Yes, there were quite a few people on the street.”

[265]Richard Pingle, a 14-year-old boy, happened to be passing the hotel on a bicycle when Brown gave the alarm. Richard saw the three men in front of the hotel and in that connection testified, “they started to walking and when they got on Speedway they started to running, ... I just turned my bicycle around and started trailing them. . . . Well, they ran up on Speedway and then they turned and went through the parking lot, through there, and I just kept on going on Speedway and turned around the block. I went around the block and trailed them.” The three men separated, Richard continued to follow one of them and with regard to the latter testified as follows: