People v. Geeter

JEFFERSON, J. In an information filed by the District Attorney of Los Angeles County, defendant was charged with two counts of robbery in violation of Penal Code section 211. The information also charged a prior felony conviction. Defendant pleaded not guilty and denied the prior conviction. Subsequently, out of the presence of the jury, defendant admitted the prior conviction. The jury returned a verdict of guilty to each count and fixed the degree of the crime to be robbery in the first degree. Defendant’s motion for a new trial was denied. Probation was denied and defendant was sentenced on each count to the state prison for the term prescribed by law, the sentences to run concurrently. Defendant appeals from the judgment of conviction.

The evidence reveals that Anne Hamilton (one of the robbery victims), operated a café in the City of Los Angeles. On February 3, 1962, she was seated with some of her customers at one of the tables in the café discussing plans for a party to be given that night at her apartment. She wrote down the address of the apartment for two of these customers. Throughout this conversation defendant and another person were sitting at another table, approximately 4 or 5 feet from her. She noticed defendant because he had an unusual hair line that came to a point, and also because he had gold front teeth.

At approximately 2 a.m. on the morning of February 4th, while the party was still in progress at Mrs. Hamilton’s apartment, there was a knock at the front door. As Mr. Hamilton opened the door, six men, armed with shotguns and pistols, forced their way past him into the apartment and said, “This is a holdup.” They wore handkerchiefs tied around their faces. However, during the course of the robbery which followed, the handkerchiefs fell, exposing their faces. Mrs. Hamilton recognized defendant as one of the robbers. He was standing about 4 feet away from her when his mask slipped from his face. She noticed his gold front teeth.

The robbers moved in and out of the various rooms of the [3]apartment. Many of the approximately 25 guests attending the party were beaten and kicked and their money and purses were taken. One of the guests, Muriel Wallace, noticed defendant standing with a pistol in his hand a few feet from her. His mask had fallen from his face. $28 was taken from her.

Mrs. Hamilton gave one of the robbers her purse containing approximately $180 when he pointed a gun at her and said, “Give me your money.” She later collapsed to the floor when she saw one of her guests beaten on the head. One of the robbers kicked her as she lay on the floor, warning her, “If you faint again, it will be permanent.” After about five minutes defendant left the apartment, shouting “Come on, men, the ones with the money they got away.” The other robbers then also left. Mrs. Hamilton immediately called the police and they arrived about 30 minutes later. Four of the robbers were subsequently apprehended and charged with the crime. At the preliminary hearing for these four, both Mrs. Hamilton and Mrs. Wallace independently recognized defendant as a spectator in the courtroom and he was arrested as he left the courtroom.