People v. Christian

FOURT, J. This is an appeal from a- judgment of-conviction- of-robbery in the first degree.

In an: information- filed in Los Angeles on October 3, 1966, defendant and - codefendant James Kinnard were charged with robbing a representative of the Western Union of .certain personal property- on September 5, 1966. Defendant pleaded not guilty. The cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing and the testimony of defendant at the trial. Defendant was found guilty as charged. A motion for a new trial was denied as was an application for probation. This court pursuant to the Buies of Court directed the original file of the proceedings in the trial court to be lodged here for the purposes of this appeal. The judge found the robbery to be in the first degree and sentenced the defendant to the state prison.

A résumé of some of the facts is as follows: At about 10:15 a.m. on September 5, 1966, Hazel 0 ’Neil and Leamont White were employed as money order. clerks at the main office of Western Union at 741 South Flower Street in Los Angeles. At about that time and place appellant and codefendant Kinnard entered with drawn guns. Kinnard jumped over the counter and demanded of 0 ’Neil and White the money from the cash drawers and the safe. Kinnard struck O’Neil on the arm and told her to step back. Kinnard took about $35 from a drawer.

Christian with a revolver in his hand was in the lobby of the office less than ten feet from O’Neil. A woman screamed, appellant hit her with his gun, and then called out to Kinnard, “Let’s get out of here” whereupon Kinnard jumped over the counter and the two robbers left the office. At this time 0 ’Neil activated a buzzer under her cash drawer.

Officer Mitchell of the Los Angeles Police Department received a radio call at about 10:15 a.m., September 5, 1966, to the effect that a robbery was in course and progress at 714 South Flower Street. Officer Mitchell and his officer-partner proceeded to the location and upon arrival were told that two men had just come out of the 714 South Flower Street address, that they had gotten into -a 1961 pink Cadillac ear bearing license number GZH 896 and that a third man was driving the car. Officer Mitchell broadcast a description of the suspect car over the police radio. Officers Flowerree and Bod-die were patrolling on La Brea Street and saw the described car coming southbound on La Brea Street approaching First Street. The officers made a U-turn and followed the suspected car j the car turned westbound on Second Street and made a [722]