People v. Davis

WOOD (Parker), J. Defendant was accused of attempted extortion. Trial by jury was waived. Defendant was adjudged guilty. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment.

Mr. John Schneider testified that he is assistant manager of a branch bank in Los Angeles; on his desk at the bank there was a name plate which could be seen by customers in the bank; on October 29, 1956, at 11 a. m., he was in the bank and at that time the defendant called him by name, handed a sealed envelope to him, and said that someone had asked him (defendant) to deliver the envelope; then he (witness) turned around to go to his desk to open the envelope and as he looked up the defendant was gone; less than a minute elapsed from the time the witness turned to open the envelope until he noticed that defendant was gone; he (witness) read the letter that was in the envelope.

The letter stated in part: “Mr. Schneider . . . Read this very carefully. It is a matter of life or death to you. . . . You will have Twenty Thousand dollars ready for us by your lunch time. , , , When your lunch hr. arrives you will bring [620]the money in a package or Briefcase to Coffee Dan’s [restaurant] across the street. ... A boy will pick up the money there. . . . These instructions must be followed to the letter. Or—you will die.”

Mr. Schneider testified further that after he read the letter he showed it to Police Officer Hancock and they discussed a plan about meeting someone; then the witness placed four one-dollar bills in an envelope and put the envelope and bills in his lunch sack; before he put the bills in the sack he recorded the serial numbers of the bills on a slip of paper; about 1 p. m. he left the bank and went across the street to Coffee Dan’s restaurant and sat at the counter and put the lunch sack on the counter beside him; before he entered the restaurant he saw one Weber who was sitting on a bus bench in front of the restaurant; after the witness was at the counter, Weber went to him and said, “Mr. Schneider, I understand I have a package to pick up from you”; the witness replied, “There it was”; Weber took the package and walked away; as Weber left the restaurant Officer Munkres arrested him.

Officer Munkres testified that on October 29, 1956, about 12:45 p. m., he saw Weber who was sitting on a bus bench in front of Coffee Dan’s; about 1 p. m., of that day he saw Mr. Schneider enter the restaurant and sit at the counter; then he saw Weber enter the restaurant and go to the men’s room; about four minutes later Weber went to Mr. Schneider and apparently had a conversation with him; then Weber reached over and picked up the paper bag; the witness arrested Weber.