People v. Rodriguez

DORAN, J. This is an appeal from the judgment and order denying a motion for a new trial.

The alleged offense was robbery and kidnapping. Appellant Gonzales was found guilty of both counts. The appeal of defendant Rodriguez was dismissed by this court on November 29, 1951, pursuant to the provisions of rule 17, Rules on Appeal.

The facts, as recited in respondent’s brief are as follows:

“The prosecuting witness Roberto Godines, a construction [846]laborer from Brawley, California, was in Los Angeles on October 13, 1950 and the early morning of Saturday, October 14, 1950. In the early part of the morning October 14, 1950 Godines went to a place at 257 South Main Street, Los Angeles, known as the Tip Top Cafe. While he was seated in a booth in this cafe, Godines saw the appellant Aurora Gonzales and he asked her if she would accept a beer with him, and she said, ‘No’ but that instead they should go to another place and have a good time. Aurora Gonzales said that Godines should go with her and with the other woman, Gudelia Perez, and that they would go to see some girls. Roberto Godines accepted this invitation.

“As they started to leave the Tip Top Cafe an accident occurred outside on the street and the two women went down the street to see who had been hit by an automobile. They came back quickly and went to a car that was parked by the curb. This was a black Chevrolet coupe with a seat in the rear. The women called to Godines to get into the car. Godines got into the back seat where a Filipino man was already seated. Aurora Gonzales told Godines where to sit in the car. Aurora Gonzales then got into the driver’s seat of the car, with the other girl in the middle of the front seat and the defendant Manuel Figueroa Rodriguez came in on the right-hand side of the front seat. Appellant Aurora Gonzales started the car and drove about two blocks south and then turned to the left and then went about four blocks and stopped at a gasoline station to make an inquiry. Aurora Gonzales then turned to the right and then they arrived at a parking place and Aurora Gonzales got out and went around the car and opened the door and Rodriguez also got out and Mrs. Gonzales told Godines to get out. The three of them then started to walk and they walked about 150 feet across a vacant place and turned to the left where there were some apartments and they then went down about five or six steps into a basement and the appellant Aurora Gonzales told Godines not to make any noise. Appellant Gonzales told Godines that they were going to wake up some girls.