People v. Burnett

WOOD, P. J. Defendant was accused of the crimes of robbery (count 1) and of kidnaping for the purpose of robbery (count 2). Trial by jury was waived. Defendant was adjudged guilty on both counts. It was found that the rob[788]bery was of the first degree, and that the kidnaping was without bodily harm. Defendant’s motion for a new trial was denied. He appeals from the judgment.

Appellant asserts that the evidence was not sufficient to support the judgment.

Mr. Markland, a witness called by the People, testified in substance as follows: On March 19, 1958, about 4:25 a.m., while he was clerking in a hotel at 814 South Hope Street in Los Angeles, the defendant and another man came to the hotel counter, and the defendant asked if rooms were available. When Mr. Markland turned to get a key, the defendant put a pocket knife blade against Mr. Markland's stomach and told the other man “to get it.” Then, while the other man walked back of Markland, the defendant stood at the counter in front of Markland “with the knife just picking at” Mark-land’s shirt. Defendant asked the other man how much he got. The man replied in muffled voice, and Markland did not understand the statement. The defendant told Markland that they would cut him to pieces, and that there was more money there and to come up with it. Then they took Markland to the lobby and put him in a chair. A necktie, which Mark-land was wearing around his neck, was “cut off” by defendant. While the men were attempting to tie Markland’s feet, a truck came to the front of the hotel, and Markland said that two garbage men would be coming in the front door. Defendant took Markland “by the arm back to the men’s washroom.” During that time defendant still had the knife and he made Markland lie down. He tied one of Markland’s wrists and started to tie the other wrist. He walked Markland out of the washroom and “back up the hall with his hands around” Markland’s eyes. During that time, while Markland was walking over a flight of steps he broke his ankle and instep. Defendant put Markland in an elevator (on the first floor), and asked him if the woman at the hotel next door was there all night. Defendant said that Markland would have to go with them so that they could get into that hotel. Then defendant told him to stay in the elevator and not to turn around. About three minutes after defendant went out of the elevator, Mark-land pushed the elevator button and went to the second floor, got out of the elevator, and went down the back stairway. When he went to the front of the hotel the men were gone. Then he checked the cash in the office.