People v. Thomas

GRIFFIN, J. Defendant and appellant was convicted by .a jury of the crime of armed robbery (first degree) of one William ICoussa on January 25th, 1956. He admitted a prior conviction of robbery (first degree) on April 25, 1951, and service of a sentence in a state prison. On appeal, defendant argues insufficiency of the evidence to support the verdict of guilty of robbery in the first degree; error in instructions, and in not admitting certain evidence; and that the verdict was a miscarriage of justice.

A robbery took place at Dan’s Liquor Store in Fresno, at 10:15 p. m. on Wednesday, January 25, 1956. Defendant was identified by an employee of the store from whom he took $100 in business money and $36 in personal money. He entered ■ the liquor store with his hand in his jacket pocket. The handle of a gun was seen by the attendant. He demanded the money and a gun (45 caliber loaded army automatic) which the attendant had under the counter. He took it and ordered him to lie down on the floor, face up, and threatened to shoot him if he moved. Later, defendant left by the main door and was seen by another witness who was just coming into the store. This witness recognized defendant and followed him after being informed that he had just robbed the employee. He had seen him in his place of business just around the corner a few minutes before. His testimony was corroborated by another witness who also saw defendant between 9 and 10 o’clock that evening in the same place with a man named White. White testified he met defendant on the street that evening and drove him to the vicinity of that place of business and defendant later left him. Defendant was apprehended and was identified by two of these witnesses in a police lineup.

The gist of defendant’s defense was an alibi claiming he caught a freight train in Fresno about noon on Wednesday, January 25th and went to Sacramento on personal business; that he arrived there about 7:30 p. m. and ate in the Bee Coffee Shop on Third Street that Wednesday evening and remained in Sacramento until the next morning; that he then caught a train to Stockton; that about 4 o ’clock in the afternoon he rented a room in the Taft Hotel under the name of Richard Patterson and later visited some relatives; and that [403]he then returned to Fresno to join his wife and children whom he left because of some argument.

His relatives testified to receiving a telephone call from defendant in Stockton on January 25th and the next day defendant visited them. On rebuttal the owner of the Bee Coffee Shop testified that her shop was always closed on Wednesdays and accordingly defendant could not have been eating there on that day. The landlady of the hotel testified defendant rented a room in Stockton on the morning of the 26th of January, at 8 a. m.