People v. Barbosa

KINGSLEY, J. Defendant was charged with grand theft from the person in violation of subdivision 2 of section 487 of the Penal Code. He pled not guilty; trial by jury was duly waived; the ease was submitted on the transcript of the testimony taken at the preliminary examination together with additional testimony.1 Defendant was found guilty as charged; probation was denied;2 defendant was sentenced to state prison, the court invoking the provisions of sections 1168 and 1202b of the Penal Code. Defendant has appealed; we reverse the judgment.

The victim testified that, on March 29, 1966, at a time which she estimated as being between 10:30 and 11 a.m., she was walking on the east side of Broadway, in the City of Los Angeles, near the intersection of 85th Street. She noticed a Mexican boy following her (defendant is a young Mexican). The boy snatched her purse, ran across Broadway and into a burned-out building on the west side of that street. The victim was unable to identify defendant as the thief. She also crossed the street and went into a liquor store where she told of her loss and caused the police to be notified. When she came out- of [583]the liquor store, she saw two Negro hoys beating up a Mexican boy in front of the burned building. The boys told her “they would take me back and show me where he left the purse.” The victim found her purse, with the contents strewn on the ground. The Mexican boy had broken away from his Negro assailants and had reerossed to the east side of Broadway. When the police arrived, they were told by “a man” that “that kid ran across the street and just snatched the woman’s purse.” The police drove to an alley east of Broadway where they found and arrested defendant. After defendant’s arrest he was handcuffed; while he was being escorted to the squad car, he broke away but was quickly caught and taken to jail. He had injuries indicative of a recent fight.

At the trial, a police officer testified that, while defendant was being driven to a hospital for medical attention and to the police station, he was asked his name and occupation, but gave no answers other than profanity. On cross-examination, the following occurred:

“By Mr. Kojima:

‘1Q Officer, did you inform the defendant of his rights at the vehicle located at 8510 Broadway? A In the police vehicle, yes.

‘ ‘ Q And what did you say ?

“Mr. Pregerson : I’ll object to this as being irrelevant.