People v. Hammel

ADAMS, P. J. An information was filed in San Joaquin County charging Merwin Hammel and Clifford Burgin with robbery of one John Lako on November 15, 1949, and, in a second count, with the robbery of one Carlton Gilgert on or about the same date, it being alleged that defendants were armed with deadly weapons, to wit, a shotgun and a revolver. After trial by a jury both defendants were found guilty of count one, the jury disagreeing as to count two. Frank [169]Thompson and Walter Williams, who were charged with the same offense, pleaded guilty, and testified for the prosecution.

On this appeal it is contended by Hammel that his conviction is in contravention of section 1111 of the Penal Code, because based solely upon the testimony of accomplices, whose testimony was without corroboration.

The following facts appear. On November 15,1949, Thompson, Williams, Burgin and Hammel entered the Linden Club bar, about 12 miles from Stockton. Lako, the bartender, testified that it was about 8 ¡30 p. m., but other witnesses testified that it was nearer 6 :30. Defendants drank a few beers and left. Some 15 or 20 minutes later Williams and Thompson, armed with a shotgun and a pistol, returned and committed the robbery of Lako. It is not contended by the prosecution that either Burgin or Hammel was present in the bar at the time of the actual robbery, but the testimony of the defendants who testified for the State connected them with it. They stated that they had been with them in the afternoon when it was planned; and Thompson said that Hammel had procured the weapons used by them. •

Hammel admitted acquaintance and association with Thompson, Williams and Burgin, and that he had been with them the whole afternoon before the robbery and was with them when they first entered the Linden Club bar; but he testified that when they left it they all drove back to Stockton where he and Burgin remained, and that they did not go back to the Linden Club with Williams and Thompson. ,

As corroborative of the stories of Williams and Thompson, the prosecution states that the testimony of Daniel Stowe corroborates testimony that Hammel obtained the guns. Mr. Stowe, who ran a lunchroom and fountain in Stockton frequented by the four defendants, stated that he owned a pistol and a shotgun; that in October he lent the pistol to Burgin, and it was returned about a month later by Thompson; that he had lent the shotgun to Hammel several times during the fall, to go deer and rabbit hunting, but he could not say that Hammel had the gun on November 15th; that Hammel and Burgin borrowed his pistol in September or October, during the deer season.