People v. Charles

WOOD, P. J. Defendant was accused in count 1 of attempted robbery; in count 2 of kidnaping; in count 3 of rape; and in count 4 of kidnaping for the purpose of robbery. In a jury trial he was convicted on the first three counts, and was acquitted on the last count. He appeals from the judgment.

Martha, the victim of the alleged offenses, testified that: On May 15, 1962, about 10:15 p.m., after she had alighted from a bus on Western Avenue near 47th Street in Los Angeles, and was walking toward her home which was about four blocks from the bus stop, a man came up back of her, told her to keep moving, and to give her money to him. She became frightened and dropped her books and purse. While she was picking up those things the man was pointing a gun at her. Then, as the man followed her, he ordered her to go into and along three alleys and finally into a place between two garages where he again demanded money. When she replied that she had no money, he said he would have sexual intercourse with her. She complied with his order that she undress, and he had sexual intercourse with her. He asked her many questions about her school, home, and various things. She said that she went to school every night. He read some poetry he had written—he said he was a poet and a beatnik. He had a heavy beard, sideburns, and woolly hair. That man was the defendant Charles. In order to get released so that she could go home, she agreed to meet him the next evening at 6th Street and Broadway—he said that he would be carrying a briefcase. As they were leaving the place, he put the gun under his belt or waistband. They walked together for a few blocks, and then he went away. She arrived home about 12:30 a.m., told her husband what had happened, and he called the police. The next day she went with the officers to the place between the two garages, where they found a stocking, glove, and lipstick which she had left there.

The husband of the victim testified that: The next night, [371]about 10 o’clock, he went to the vicinity of 47th Street and Western Avenue (the place where the victim had gotten off the bus the preceding evening). While he was there he saw a man who appeared to be the man who had been described by the victim. Thereupon he called the police, and when Officer Najera arrived, he (husband) pointed out the man.

Officer Najera testified that: On May 16, about 11 p.m., when he went to the vicinity of 47th Street and Western Avenue in response to a call, he observed that the defendant who was then going between two vehicles took something from his waistband or pocket. After he arrested the defendant, he (officer) went to the place between the two vehicles and found a toy gun (exhibit 1, which the victim identified as the gun which had been pointed at her). Defendant said that it was not his gun. When he was searched at the police station, the officers found a change-of-address card on which there was the following notation: “This is a holdup. Give me all the money and you won’t get hurt.” Defendant said that he had found the card. When he was asked if the gun was his, he said: “Well, it is mine. If you say it is mine, it is mine.” '