People v. Gilbert

GRIFFIN, P. J. Defendant-appellant Betty Jean Gilbert was charged with the crime of robbery, in violation of Penal Code, section 211. She pleaded not guilty, waived a jury, and was tried and found guilty by the court of second degree robbery. Further proceedings were suspended and probation was granted for one year subject to certain terms and conditions.

Frank Eagler was similarly charged with said robbery. He entered a plea of guilty and testified against defendant, indicating that she had helped him plan the robbery and that she received part of the proceeds.

The only question raised on this appeal is whether defendant was convicted on the uncorroborated testimony of an accomplice.

The testimony of Shuford M. Jones, the victim, shows that on April 30, 1963, at about 10 a.m., the defendant, her husband, Frank Eagler, who drove, and Jones were driving to Riverside to see an attorney about representing Jones in some legal action; that the defendant was present with Jones during the conversation with his attorney; that Jones arranged to bring a fee to the attorney; that it was agreed that he and defendant would come back to Riverside at 3 p.m. and pay the attorney; that Eagler remained in the reception room and later took Jones and defendant with him in Eagler’s ear back to San Bernardino to obtain the money; that defendant’s husband was not with them; that they let Jones out at the post office to arrange for the money and Eagler and defendant were to meet him later, about 2:30 p.m.; that Jones did not see defendant again that day but Eagler came back and picked him up; that Jones inquired as to defendant’s whereabouts and Eagler told him she was “over at Jack’s Bar” and said she was “trying to get up some money”; that they drove to Jack’s Bar and Eagler went in and later came [366]out and said defendant would not be with them because she was trying to get some money for the attorney’s fee; that Jones and Eagler left for Riverside; that Jones had the money for the attorney’s fee in a bag in his coat pocket (twenty $100 bills and sixteen $50 bills); that Eagler stated he wanted to go to a bar in Bloomington first and gave Jones 25 cents to telephone the attorney in Riverside that he would be a little late; that he asked Eagler why he was going via Rialto and Eagler said it was a short way to Riverside; that Eagler stopped alongside the road and hit him across the head and blood poured out of the gash; that Eagler took the bag with the cash in it, pushed Jones out of the car and drove off, leaving Jones on the highway bleeding; and that a car came along and took Jones to the police station where he reported the robbery.