People v. Conklin

GRIFFIN, P. J. Appellant William Otis Conklin was charged in count one of an amended information and was convicted by a jury of aiding and abetting one Womack and one Shields in the commission of a robbery (first degree) on November 24, 1957; in count two of robbery (second degree) on November 22; in count three with burglary (second degree) on November 23rd; in count four, of conspiracy to commit robbery, on November 24th; in count five, of conspiracy to commit robbery on November 22nd; and in count six, of conspiracy to commit burglary on November 23rd. Several separate and distinct overt acts are alleged under the conspiracy counts. Appellant was sentenced to state’s prison, sentences to run consecutively on counts one and two, and the remaining counts to run concurrently with counts one and two.

Counsel for appellant sets forth in his brief an elongated and all-inclusive statement of the many reasons why he claims the judgment should be reversed. As we construe it, he claims that appellants codefendants, Shields and Womack, pleaded guilty to the robberies under some alleged “deal” with the district attorney; that in truth and in fact these codefendants “used” appellant to assist them in the robberies and burglaries alleged; that there was no evidence showing appellant received any of the loot or benefit from the robberies ; that one of the codefendants and principal witness at the trial had “vengeance against him” and “framed” this appellant by implicating him in these alleged offenses; that appellant’s acts in connection with these crimes were only incidental to and were innocent acts; that there was no sufficient corroboration of the testimony of the two named conspirators ; that these alleged conspirators had been on a “robbery spree” for over six weeks and appellant was but a tool in their hands; that although he furnished transportation to them it was the same as any public utility, and that the evidence was not sufficient to support the verdicts on any of the counts alleged. No authorities are cited and no reference to the record is made supporting these claims. We have read the entire transcript. The testimony of the two co-conspirators, if believed by the jury, fully supports the charges [724]made. The only possible point indicating any merit would involve the question of corroboration of their testimony.

Generally speaking, it was on November 22nd that appellant Conklin, Womack and Shields were together at Imperial Beach and had a conversation relating to robbery. They discussed robbing a cab driver in San Ysidro. Shields and Womack were to enter a cab and appellant was to follow it in his car. They planned that Shields would hit the cab driver and Womack would take his money; that the loot would be divided three ways; that Shields and Womack entered the cab of one Kilcrease, and directed him to drive to a certain location. Appellant was parked in his automobile at the San Ysidro Hotel awaiting a prearranged signal to follow as the cab went by. One of the cab passengers acted as if he were sick and drunk, so the driver stopped and opened the door. Womack then grabbed the driver and after a scuffle the driver slumped down on the seat. His money and his watch were taken. The appellant did not appear but met Shields and Womack the following day. They told appellant they had gotten some money but they were not going to share it with him because he did not fulfill his part of the plan. However, on the night of November 23rd the appellant Conklin, Shields and Womack were riding together in the Logan Heights area in appellant’s ear. They had a conversation about burglarizing a TV store. Appellant took them to the store and gave them a key to it. Shields and Womack were to burglarize it while the appellant waited for them. They entered the store and took some “Hi-Fi” equipment. As they came out they saw the spotlight of a patrol car, dropped the articles taken, and ran down an alley. Appellant did not appear immediately, but in a little while he drove through the same alley. Shields and Womack got in appellant’s car and he told them there were patrolmen all around the place.