People v. King

LILLIE, J. Defendant, Jones and Armstrong were charged with kidnaping for purposes of robbery (§ 209, Pen. Code) and robbery (§ 211, Pen. Code). Defendant was charged with a prior felony conviction (manslaughter) which he admitted. The kidnaping charge was stricken on motion of the People. A jury found defendant and Jones guilty of robbery, second degree; it acquitted Armstrong. Defendant appeals from the judgment.

After his discharge from the hospital on April 19, 1965, George Fulcher started drinking wine; toward evening he went to a recreation center next to a pool hall on 41st Street. Around 9 p.m. he wanted to leave but had no transportation; someone suggested that a man in a car parked in front of the pool hall would take him. Fulcher went up to Armstrong, the driver, and offered him a couple of dollars for a ride to a certain address. J ones and a woman were in the car but when Fulcher entered the woman left. Fulcher sat in the back seat with defendant. After four or five blocks one of them asked [549]Fulcher if he would participate in buying some liquor, then Armstrong drove the ear up a dark alley and stopped. The next thing Fulcher knew he was being attacked by the three men. One of them hit him in the back saying, ‘ ‘ Give me all the money you have”; Fulcher denied having any money and the assault continued, one man holding him while the others hit him. They ripped his pockets and twisted his legs; after taking his money one said, “This man is not as drunk as we think.” Two left and ordered defendant to stay until they returned; defendant then continued to beat Fulcher and made threatening remarks and tore the hearing aid off of Fulcher’s shirt. Fulcher gave defendant a little money he had in his watch pocket but defendant continued to beat him. Finally Fulcher put up some resistance and defendant fled. In the melee Fulcher lost his glasses, wallet, coat, shoes and everything except his socks, shirt and pants; he got out of the car and in his stocking feet ran to the end of the alley where he saw a police car. Fulcher’s face was bleeding; he had been hit around the head, about the eyes, nose and mouth.

Around 11:45 p.m., Officer Clark saw Fulcher calling for help at the end of the alley; his clothes were disheveled and torn, his face was swollen around the left eye and he was bleeding from the top of his head and nose. He put Fulcher in the police vehicle and within three or four minutes Fulcher saw the car in which he had been assaulted heading east on 45th Street; Fulcher pointed it out and the officer stopped it. Armstrong was driving; defendant and Jones were with him. In the back of the car on the seat was Fulcher’s coat, and on the floor, his shoes. There was wet blood all over the right backrest, on the window and the window moldings, the area beneath the window and on Fulcher’s coat. A piece of glass on the rear seat was identified by Fulcher as having been broken out of a pair of dark glasses isesued to him by the county. In the pocket of Jones’ coat were Fulcher’s glass ease and hearing aid. Jones had a cut on his forehead and appeared to have been drinking.