People v. Bell

THE COURT. Roy Anthony Bell was accused by information in Count I of the crime of robbery, while armed with a deadly weapon, and in Count II of the crime of solicitation to commit robbery. In a jury trial he was represented by the public defender and was found guilty on both counts. The robbery was found to be of the first degree, probation was denied and sentence to state prison was imposed. He appeals in propria persona from the judgment.

Defendant applied for appointment of counsel on the appeal; we read the record, determined that the appeal was groundless, denied the application, notified defendant, allowed him time for filing a brief and none has been filed.

There was evidence of the following facts. On December 12, 1960, Randy Jean and Elbert Martin, employes of Caroline Lanes Bowling Alley, were starting to lock up the receipts from the bowling alley and cocktail lounge. As they were entering the office Jean noticed defendant and his accomplice coming down the hallway. Armed with pistols the two men entered the office, pushing Martin and ordering him to lie down on the floor. Jean was ordered to place three bank bags containing about $1,500 of register receipts on the floor and to lie down next to Martin. Defendant asked how to get the key to the safe and started kicking Martin and Jean. Not being able to get the key, Bell and his accomplice left the office with the money, stating they would find the manager and get the key from him. After several moments Jean and Martin got up from the floor and called the police.

Approximately six weeks later Jean went to the police station and identified Bell as one of the robbers. Also at the trial he identified him and testified that two guns shown him were of the type of guns used by the robbers. The guns had been found in Bell’s car when he was arrested. Martin described the robbery but testified he did not see the faces of the robbers.

[559]About six months before the robbery, Officers Hahn and Pacheco were parked at the Wieh Stand Drive-In. They were dressed in plain clothes. Bell was parked next to them and asleep on the front seat of his ear. An officer from a patrol car woke him up. Bell made several derogatory remarks about police officers after the patrol car had left and then engaged in a conversation with Officer Hahn. Bell told Hahn that he had had several contacts with the police and all of them were bad. Hahn stated that he “had quite a bit of contact with the police department” himself. Bell stated he had pulled several jobs and asked Hahn if he would be interested in “pulling a job.” Hahn stated he would, introduced himself as George, and gave Bell the inside phone number of the police vice office. This number is answered with “hello” and there is no indication that the phone is used by the police.