People v. Samusick

SHINN, P. J. Edward Daniel Samusick and Vincent Eugene Mandella were charged with robbery. It was also alleged that at the time of the commission of the crime defendants were armed with a .22 automatic. The cause was called for trial, evidence was presented and the cause was argued. On motion of the district attorney the allegation that defendants were armed with a deadly weapon at the time of the commission of the offense was stricken from the record. Defendants were found guilty of robbery of the first degree. Motion was made for a new trial by each defendant and was denied. Application for probation was also denied and the court pronounced judgment and sentenced each defendant to state prison for the term prescribed by law. Defendants appeal.

On December 7, 1953, Paul Wood was working in a Serve-Yourself Gas Station located at 10711 Long Beach Boulevard in Lynwood. Also present at this time was a boy named David Beard who had just started to work for him. At approximately 11:45 a. m., while Mr. Wood was sitting in the office part of the station making out his reports, a man came in, thrust a gun at him and said: “Do you know what this is!” and “I mean business.’’ Mr. Wood, who was in fear of the gun, handed the man the money from his right shirt pocket. It amounted to $93. This money belonged to the company and not to Mr. Wood. The intruder then asked if there was any more money. Mr. Wood told him that that was all he had. The intruder then went through the desk drawers. After he finished looking in the drawers he backed up, saying in effect, “Be still. Stay there.’’ David Beard was present at the time of the robbery and later went outside and called the police. Mr. Wood identified the intruder as defendant Samusick at the Lynwood Police Station about 7 or 8 p. m. December 7th. He could identify defendant Samusick even though when he entered the gas station office he was wearing a painter’s respirator over his face. Only Samusick's chin and the top part of his eyes were visible. Mr. Wood also described defendant Samusick as wearing a dark coat and a T-shirt. The coat was similar to an army [42]jacket. Th pants were of black cotton material. The $93 that was taken consisted of two checks, two or three tens or twenties and the rest small bills, such as fives and ones. The two checks were in the amounts of $18 and $3.00. Approximately $72 in cash was taken. Mr. Wood identified Samusick from his appearance, his hair, the gun and especially his voice. However, he could not identify him from his face because he could see so little of it.

Henry A. Burke, who lived a short block away from the Serve-Tourself Gas Station, testified that on the morning in question, he saw an automobile stop in front of his house, and a man get out of the car and walk to the gas station. Another man remained in the ear. After the first man got out, the second man turned the car around so that it was facing south. Two or three minutes later, the man who had walked toward the gas station ran back to the car. He jumped in and the car took off rapidly down the street. Mr. Burke wrote down the license number of the car. He did not testify to the number and there was no evidence that the car that drove away had the number of Samusick’s car.