People v. Spencer

KAUFMAN, J. Defendant Alonzo Spencer, appearing in this appeal in propria persona, appeals from judgment after jury verdict finding him guilty of two counts of an indictment that had been returned on October 1, 1953, by the grand jury of the city and county of San Francisco. Count One, on which he was found guilty, charged him with the crime of robbery (Pen. Code, § 211) in that he did on September 16, 1953, feloniously and forcefully take from the person of one Joseph Peterson the sum of $81 against his will and by means of force. Count Two, on which the verdict was not guilty, charged violation of section 503, Vehicle Code, in that he did on September 17, 1953, wilfully, unlawfully and feloniously, drive and take a vehicle owned by the Morrison-Knudsen Company, without the consent of the owner and with intent to deprive the owner of its title. He was found guilty of Count Three, which charged grand theft (Pen. Code, § 487) in that on September 17, 1953, in the city and county of San Francisco, he did wilfully and feloniously take a certain motor vehicle, belonging to the Morrison-Knudsen Company.

On the evening of September 15 and early morning of September 16, 1953, Joseph Peterson, night clerk, was on duty at the Cartwright Hotel, 524 Sutter Street, San Francisco. He was working alone at about 4 a. m. when a man entered the hotel, stood in front of him and pointed a gun at him, telling him that this was a stick-up. Peterson identified this man as the appellant, Spencer. Appellant then [31]jumped over the counter, told Peterson to remain quiet, and give him the key to the safe. Another person was with appellant, but Peterson was unable to identify him, since he came in a door right behind the office. Appellant had told Peterson to lie on the floor, thus he only saw the second man’s feet and heard his voice in conversation with appellant.

Appellant took Peterson’s wallet in which there were only a few dollars, and his glasses. Also in the wallet were Peterson’s driver’s license and a Shell Oil credit card. Peterson was brought to police headquarters after appellant was apprehended, and viewed the line-up. He stepped out of the room while the five men in the line-up changed positions, and then returned to the room and picked out appellant. He denied that the officers had told him whom to pick out. They told him, he said, first to look over the line-up, then go outside and tell them which man he thought was the person who had held him up, then return to the room and put his finger on the man. He said that he followed these instructions in making the identification.