People v. Cabral

WOOD, P. J. Defendant Cabral and one Walker were accused by information of robbery, in violation of section 211 of the Penal Code, a felony, committed as follows: That said Walker and Cabral, on or about September 17, 1960, in Los Angeles County, did unlawfully and feloniously and by means of force and fear take from the person and immediate presence of Ulrich La Grandeur personal property to wit: monej'- and checks of the value of $2,700.

Trial by jury was waived by Cabral. Upon a stipulation the case was submitted on the transcript of the preliminary examination, with the right to offer additional evidence. Defendant did not testify, nor call any witness in his behalf. The defendant Cabral was adjudged guilty of robbery as [389]charged in the information, and the crime was found to be robbery of the first degree. He was sentenced to imprisonment in the state prison. He appeals from the judgment and sentence-

Appellant contends that since the information did not allege that the offense was perpetrated by use of a dangerous or deadly weapon or by torture, it was not a sufficient pleading to support a judgment of conviction of first degree robbery.

On September 17, 1960, about 6 :15 p. m., Mr. La Grandeur, a manager of Gude’s Shoe Store in Los Angeles, was in a third floor office of the store where he was putting the store receipts in the safe. At that time while he was in a half-crouched position and was reaching to open the safe, someone who was behind him struck him on the head with a heavy object. Then, as he started to turn around, he was struck two more blows on the head. After the second blow, the person who was behind him said, 1 ‘ This is it. ’ ’ The manager rose to his feet, threw his hands over his head, deflected a fourth blow, and knocked the instrument out of the person’s hands. He did not see the person who hit him, but he did observe the arm of a man who appeared to be wearing a dark blue suit. The object which hit him felt as if it might have been in a bag. While he was on the floor leaning ‘1 on his elbows, ’ \\ the person stated, “On your stomach, I said.” The manager did not lose consciousness, but things were hazy at times. When the person went out the door he said, “I’ve got a gun.” At the time the manager was struck he was putting money bags containing cash, checks, and money orders into the safe. The bags were marked “Bank of America,” and on one of the bags he had placed an identification mark, “G 41 B” in red printing.