People v. King

WOOD, P. J. In a nonjury trial defendant was convicted of robbery of the first degree, and it was also found that allegations of two prior felony convictions were true (burglary, and driving an automobile without consent of owner). He appeals from the judgment and the order denying his motion for a new trial.

The People have made a motion to dismiss the appeal on the ground that the appeal is frivolous and lacking in appel[345]late objective; or, in the alternative, that the judgment be affirmed.

On June 6, 1962, about 4 a.m., a man drove a 1951 Chevrolet automobile into a Standard gasoline station at 200 West Washington Boulevard in Los Angeles and ordered 50 cents worth of gasoline. While the employee of the station was at the cash box getting change for the man’s one-dollar bill, another man, who had a scarf over his head and face, was wearing a long overcoat, and was carrying a sawed-off shotgun, came from behind the station building, went to the employee, and said, “Okay, give me everything.” In compliance therewith the employee handed approximately $48 and a packet of Blue Chip Stamps to that man. The money consisted of a 20-dollar bill, several one-dollar bills, and some coins. The packet of stamps had printing thereon as follows : “Standard Stations ... 200 West Washington Boulevard, Los Angeles____” When the man with the gun reached to get the money and stamps, the employee saw a burn sear on his left hand. The man with the gun then said to the man in the automobile, “Okay, give me your money, too.” Thereupon the gunman entered the automobile and it was driven away. The employee reported the robbery to the police and gave them the license number of the automobile (KHS 385).

About 4:45 a.m. of said day, Officer Serenbetz, who had received a radio report of the robbery, observed defendant King sitting on the rear bumper of a parked automobile which was in an alley at the rear of 5016 South Compton Avenue. After the officer had stopped his police ear in the alley, the defendant Lacy (codefendant who drove the Chevrolet into the station) walked into the alley. The officer, in making a cursory search or “pat down” of King for weapons, found two shotgun shells in his pocket. King had a paper cup in which there was a large amount of change, and he also had 15 one-dollar bills and 1 five-dollar bill. Lacy had 13 one-dollar bills. On the ground near Lacy there was a large packet of Blue Chip Stamps which had the same printing thereon as that hereinabove stated with reference to the stamps taken in the robbery. The two defendants were arrested.