People v. Bailey

FOX, P. J. Defendant was charged with two felony

counts: Count 1, attempted robbery of Wilber Bernard [441]Williams while being armed with a deadly weapon in violation of Penal Code sections 211 and 664; Count 2, assault with a deadly weapon upon Wilber Bernard Williams in violation of section 245, Penal Code. Defendant was found guilty on Count 1 and was found to have been armed with a deadly weapon at the time of the commission of the attempted robbery. Defendant was also found guilty on Count 2.

The court denied defendant’s application for probation and sentenced him to the state prison for the term prescribed by law on each count, the sentences to run concurrently. Defendant has appealed.

On July 5, 1963, Wilber Bernard Williams, the victim named in each of the counts, was the manager of the NiteyNite Motel on Figueroa Street in Los Angeles. At approximately 11 p.m. a man appeared at the registration window and rang the bell. Williams went to the window. The man asked the price of a room which was quoted to him. He said that he had to cheek with his wife and would be right back. A few minutes later defendant came in saying he would like to have a room. Williams turned his back to get a registration card. Upon facing defendant again he saw a gun pointed at him through the small peephole in the window. Defendant demanded all his money. Williams said he did not have any money. Defendant told him not to move. Williams moved from side to side, the gun following his movements. Williams then told defendant to shoot and turned around and ran from the office into the hallway. Defendant pulled the gun back through the registration window, cracking the glass.

Williams informed his boss as to what happened. The police were called. Williams looked out the front window and saw defendant cross the street, waving to a man who had been in the motel a few minutes previous. He saw defendant walk down the street, losing sight of him after he turned the corner. At the trial Williams identified defendant and the gun.

Police officers patrolling in a radio car responded to the robbery call and talked to Williams. After searching the neighborhood the officers apprehended defendant and arrested him. He told them that he had used the gun in an attempt to rob the motel manager; that he intended to fire at the manager but he ran too fast and he was unable to get a shot at him.