People v. Green

FOURT, J. This is an appeal from a judgment of conviction of robbery.

In an information filed in Los Angeles on November 19, 1965, defendant was charged with robbing Louis Aequistapace of about $780 in money on or about October 14, 1965. Defendant pleaded not guilty and in a trial before the court without a jury was found guilty as charged. After the defendant was found guilty and before he was sentenced it was agreed between the parties and all concerned that defendant would take a polygraph test with reference to the robbery and the findings of such examination or test would be submitted to the court prior to the time of hearing a motion for a new trial and sentencing. At the time set the court considered the polygraph test results, denied a motion for a new trial and sentenced defendant to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Aequistapace (the victim) operated an automobile electric parts shop on Compton Avenue during the times in question. On October 12 or 13, 1965, defendant’s accomplice came to Aequistapace’s shop and requested a new coil for his automobile. Aequistapace told the accomplice to have the old coil tested before purchasing a new one. The accomplice, with defendant, returned to the victim’s shop in a Buick automobile on October 12, or 13, 1965, and the victim tested and supplied a new coil in place of the defective one in the Buick car.

On October 14, 1965, at about 10 or 10:15 a.m., defendant and the accomplice came to the victim’s shop in a Buick car driven by the accomplice. Defendant got out of the car, took off his coat and placed it in the car, and then stated to Aequistapace that he wanted the old coil which had been removed previously from the Buick car. Aequistapace, not having thrown away the coil, was agreeable to returning it to defendant and proceeded to his shop with defendant to retrieve it. In the shop Aequistapace stooped to pick up the coil and defendant stepped behind him and held his arms and called to the accomplice, “I’ve got him, come on in.” When the accomplice arrived, defendant said, “Let’s get his [242]money.” Defendant said, “Well, let’s kill him, let’s kill him. ’ ’ A coat was thrown over the victim’s head and defendant said, “Hit him.” The accomplice hit the victim on the head with some metal object and defendant said, “Hit him harder, kill him.” Defendant hit the victim with a metal object and took the victim’s wallet which contained $780 in money among other things.