People v. Nash

WOOD, P. J. Defendant Nash and one Phillips were accused of robbery. Trial by jury was waived. They were adjudged guilty. Nash appeals from the judgment.

Appellant contends that he was not identified as one of the robbers; that he and his eodefendant were forced to make statements of admission and confession; and that this court erred in not appointing counsel to represent him.

Mr. Ledelman, owner of a grocery store in Los Angeles, testified: On October 11, 1961, about 6 -.45 p. m., the two defendants entered his store and Nash bought some candy and asked for a can of juice. While he (witness) was getting the juice, Nash knocked him down, demanded money, and took $13 from his pocket (eight one-dollar bills and a five-dollar bill). During that time, Phillips was getting money from the cash register—he took $10 (in change—silver) therefrom. Nash exhibited a butcher knife (Exhibit 1), and said he wanted more money and that he would kill the witness. Then he squeezed the witness’ face and eyes and caused his face to bleed. Phillips, who was going about the store looking for money, opened the door to a backroom and caused the burglar alarm to sound. Then the robbers ran out of the store. The police caught them “right away,” and within approximately five minutes brought them, in the police car, to the front of the store. He (witness) went to the car and saw the robbers in it. The same persons who robbed him had been in the store on the preceding evening and had bought a can of juice.

Officer Perretta testified that on said October 12, about 6 -.45 [255]p. m., while he and Officer Perkins were driving on the street near Mr. Ledelman’s store, he (witness) saw the defendants running in a westerly direction, about 20 or 30 feet west of the store, and he heard a burglar alarm. The defendants ran through a gasoline station at the corner and then ran south and were attempting to get into an automobile when the officers stopped them. At that time Phillips said that he was chasing Nash because Nash had taken his wallet. The officers took the defendants, in the police car, to the store, and Mr. Ledelman came to the ear. At that time the dome light of the car was lighted, and Mr. Ledelman’s face was bleeding. The officers found $13 (eight one-dollar bills and a five-dollar bill) in Nash’s pocket, and they found $10.91 in Phillips’ pocket (silver money). At the police station, about an hour after the arrest, he (witness) had a conversation with Nash wherein Nash’s statements were freely and voluntarily made. Nash said that while he and Phillips were driving by the store they saw that the store man was alone, and that Phillips suggested that they go back and take the man’s money; they entered the store and Nash asked for some juice; when the man came from behind the counter, Nash knocked him down and the man started screaming; Nash picked up a knife from a bench and tried to scare him with it; then he took money from the man’s pocket; Phillips took silver money from the register, and then tripped the burglar alarm off; they got scared and ran out of the store.