People v. Guidi

SCHOTTKY, J. Appellant, John Danko, and one Adolph Guidi were charged by information with the crime of robbery, it being alleged that on October 27, 1957, they did wilfully, unlawfully, feloniously and forcibly take Three Hundred Fifty-one Dollars ($351.00) in money from Al Gonsalves, and that they were at the time armed with a .45-calibre Colt revolver. Both Danko and Guidi pleaded not guilty, but prior to the date set for the trial Guidi withdrew his plea of not [681]guilty and entered a plea of guilty. Appellant Danko was tried alone, and the jury returned a verdict of guilty of robbery in the first degree. Judgment was pronounced, and Danko has appealed from the judgment.

The only contention made upon this appeal is that the evidence is insufficient to support the judgment. Before discussing this contention, we shall summarize briefly the evidence as shown by the record.

Alfred M. Gonsalves, a part owner of a tavern located at 2333 S Street in the city of Sacramento, was in his office about 10:30 a.m., October 27, 1957, when he was confronted by a man whose face was covered with a handkerchief. The man, who had a gun, demanded money. Gonsalves gave the man a cigar box which contained checks stamped for deposit, a lady’s wrist watch, currency and coin. The robber threw the checks on the floor, retained the other items, and forced Gonsalves out of the office. The robber took some surplus change out of another cigar box and then compelled Gonsalves to empty the cash register. He then forced Gonsalves and two other men into a storeroom where he made them lie down on the floor. The robber then fled.

About this time a Mrs. Verna Murphy was driving west on S Street, near 24th Street. She saw a man running down S Street and saw him jump into a bluish-grey sedan. The car was then driven away. She became suspicious and memorized the license number and stopped her car. Soon two other men came running down the street and she asked them if they were looking for a car and she gave them the license number of the bluish-grey sedan.

Two friends of Gonsalves entered the bar on the morning of October 27, 1957. Before they entered they noticed a 1949 Hudson parked on the street. The motor was running, and there was someone in the vehicle. As they entered the bar a man came out. They entered the bar, learned of the robbery, rushed out, and observed the man who had come out of the bar jump into the Hudson. They got into their car, obtained the license number of the car from a woman, and pursued the Hudson. The Hudson was kept in sight most of the time except at the very end of the chase when they lost it, but after circling the block they saw the Hudson parked in an alley. They drove down the alley, parked their car, and then one of them called the police.