People v. Crumbey

SHINN, P. J. Defendant and one Gullick were accused by information of the crimes of assault with a deadly weapon with intent to commit murder, burglary and kidnaping for the purpose of robbery. A jury found them guilty of assault with a deadly weapon and burglary. The defendants appealed from the judgment and order denying them a new trial. The judgments and orders denying defendants a new trial were reversed. (People v. Gullick, 55 Cal.2d 540 [11 Cal.Rptr. 566, 360 P.2d 62].)

Thereafter, the defendants were accused by an amended information of the crimes of assault with a deadly weapon and burglary. Trial by jury was duly waived. Defendants were found guilty as charged. Probation reports were ordered. Grumbey’s motion for a new trial was denied; he was denied probation and sentenced to the state prison. He appeals in propria persona from the judgment and the order. Gullick has not appealed. Grumbey applied to this court for appointment of counsel. After reading the record and determining that the appeal was wholly without merit, the application was denied. Grumbey has filed a brief in propria persona.

There was evidence of the following facts. Theodore Grant testified that he had formerly been employed as a porter by the Boys Market in Highland Park. It was the duty of the porter to make a telephone report on the hour to one of the other Boys Markets. He had known Grumbey for several years. Grumbey approached him with a proposal to burglarize the market and Grant agreed to assist Grumbey and a third man to be selected by Grumbey in the burglary. At night he showed Grumbey how the market could be entered. Shortly thereafter, Grumbey introduced Grant to Gullick who had recently been released from jail and the three discussed the burglary. At a time agreed upon for the crime they met and Grant at that time told the other two that he would take no part in the burglary. He left the vicinity but met the defendants some days later, at which time they told him he should have been with them in the burglary.

James W. Robinson testified that he was employed as a porter by the market. February 15, 1959, at about 9 :10 p. m., after the store was closed, Grumbey and Gullick broke into the market. Gullick flourished a knife and threatened to kill Robinson, who grabbed the knife and sustained a severely cut hand. He was badly beaten, dragged to the rear of the store and tied up. Grumbey and Gullick took $849 in cash from the cashier’s cage. When Robinson failed to check in by telephone [3]as he should have done, the police were alerted, came to the market, released Robinson and learned of the burglary.