People v. Wood

WOOD (Parker), J. Defendant Macias and Richard William Wood were charged with robbery. Macias admitted an allegation in the information that he had been convicted of a felony. Upon the motion of defendant Wood separate trials were ordered. In a jury trial, Macias was found guilty of robbery in the first degree. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the judgment; and that the court erred in giving an instruction and in refusing to give a requested instruction.

On February 2, 1954, about 2 a. m., two men entered a gasoline service station in Los Angeles and talked with the attendant, Mr. Moore, five or ten minutes regarding the purchase of a tire. Then one of the men pointed a revolver at Mr. Moore and told him to open the cash box and the safe. The attendant complied with the demand, and the man took about $70 from the box and safe, and $10 from the attendant’s wallet. Then the other man told the attendant to go into the back of the station. The attendant complied with the demand, and then the other man tied the attendant’s hands with tape and tied his feet with a belt. After the men left, the attendant untied himself and telephoned the police.

Mr. Moore, the attendant, testified that defendant Macias was the man who pointed the revolver at him and took the money; that the revolver referred to as Exhibit 1 is similar to the revolver which Macias pointed at him; that he could not identify the other robber.

Officers Gonzales and Estrada arrested Macias on February 18, 1954, at his apartment. Officer Estrada found a revolver, Exhibit 1, under the drainboard of the kitchen sink in Macias’ apartment. Officer Estrada testified that, after finding the gun, he went into the living room where Macias, Wood, and [825]Officer Gonzales were, and he (Estrada) asked Macias if he had any other guns in the house, and Macias said, “No, that is the only gun I have”; after Macias’ sister came into the room Macias pointed to his sister and said, “That is not my gun. It belongs to my brother-in-law.”

About February 23, Officer Gonzales and another officer took Macias and Wood to the service station, where Mr. Moore, the robbery victim, was present. Mr. Moore testified that at that time Wood “re-enacted the holdup”—he went over what happened on the night of the holdup, telling of things that happened; Officer Gonzales asked Mr. Moore if he recognized the other person involved in the robbery; Mr. Moore replied that he did recognize the other person involved, and that he (witness) pointed at Macias and Macias said, “Who me?”; then he (witness) said, “Yes.”