People v. Baker

WOOD, J. Defendants Baker and Novak were convicted, in a jury trial, of robbery in the first degree. Each defendant admitted the allegations of the information that he had been twice convicted of felonies. Each one appeals from the judgment against him and from the order denying his motion for a new trial. Defendant Novak has not filed a brief. Defendant Baker will be referred to as the appellant.

Appellant contends that the court erred in permitting the preliminary-examination testimony of an accomplice, who was not present at the trial, to be read into evidence; and that the court erred in refusing to give certain instructions.

On May 2, 1947, about 1 p. m., while one Littel, who was the manager of a check-cashing business in Los Angeles, was walking from a bank toward his place of business, carrying a sack containing $9,005 which he had just withdrawn from the bank, two men put guns against his body and told him to give the money to them and to get into an automobile which was near by. One of the men took the sack of money and threw it into the automobile, and while the other one was pushing Mr. Littel toward the automobile Mr. Littel ran away. The two men then got into the automobile, and it was immediately driven away by a third man.

An alibi was asserted as a defense by each defendant. Baker asserted that he was at a café, as a patron, on May 2, 1947, from 12:30 p. m. until about 5 p. m. His wife and three other persons corroborated his testimony. Novak asserted that he was working as a bartender at the time of the robbery. Three witnesses corroborated his testimony.

[505]At the preliminary examination on November 18, 1947, one McLeod testified that he was with the defendants Baker and Novak on May 2, 1947, and that as Mr. Littel came from the bank on that day they held him up—Novak put a gun on him, and Baker took the money, and McLeod was in the automobile. He also testified that the three of them had been watching the check-cashing place, and planning the robbery, for three weeks; that he had been twice convicted of felonies; and that he had been offered immunity from prosecution by the deputy district attorney.

At the trial, and also at the police station prior thereto, Mr. Littel identified the two defendants as the men who robbed him. It did appear, however, that soon after the robbery the officers showed him a group of pictures of persons, which included a picture of Baker, and he did not identify him as one of the robbers.