People v. Hall
| Decision Date | 30 August 1967 |
| Docket Number | Cr. 12868 |
| Citation | 61 Cal.Rptr. 676,253 Cal.App.2d 1051 |
| Parties | The PEOPLE of the State of California, Plaintiff and Respondent, v. Sterling HALL, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
William F. Ritner, Los Angeles, under appointment by the Court of Appeal, for appellant.
Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Bradley A. Stoutt, Deputy Atty. Gen., for respondent.
This is an appeal from a judgment of conviction of three counts of armed robbery.
In an information filed in Los Angeles on February 15, 1966, appellant, with Clifton M. Adamson and Charles H. Thompson, was jointly charged in count I with robbing Thomas Johnson of certain jewels of the value of $13,150 on January 4, 1966, and it was charged that at the time of the commission of the offense the defendants were armed with a deadly weapon, namely, an automatc pistol. In count II the same defendants were charged with robbing Jessie Goodlow of a purse containing items of value in excess of $200 under the same circumstances, and on the same date as related in count I. In count III the same defendants were charged with robbing David M. Collins of a billfold, man's watch and $25 in money under the same circumstances, and at the same time as above related in count I. It was further charged that appellant was previously convicted of robbery in July, 1959, in the county of Los Angeles. Appellant was found guilty of first degree robbery as to each count and it was further found that at the time of the commission of the offenses appellant was armed. Appellant filed a timely notice of appeal.
Appellant concedes that the evidence is sufficient to sustain his convictions on counts I and II (robbery of Thomas Johnson and Jessie Goodlow) but contends that as to count III (robbery of David Collins) the evidence is insufficient because it does not reveal his intent permanently to deprive Collins of his property. This contention is without merit.
The testimony of the prosecution witnesses discloses that on January 4, 1966, Thomas Johnson resided at 4514 South Van Ness Street, Los Angeles, with his sister, Jessie Mae Goodlow. When Jessie arrived at the residence around 6:15 p.m. on that date she found a man standing on the porch who said he was waiting for someone inside. She knocked and when her brother opened the door, the stranger pushed Jessie inside. Once inside he brandished a gun and forced Jessie, her brother, and their visiting neighbor, David Collins, to lie down on the floor. About that time the intruder was joined by another, shorter man and he then told Thomas Johnson, 'B.B. has paid me to kill you, * * * You're dead.' He went on to say that he had to kill all of them.
Jessie, who had seen the man on the front porch, later identified him both by voice and appearance in a police line-up. Although at the time of the robbery he was wearing a sheer stocking over his face, she was able to see through it and she identified him, in part, by a mole slightly above his upper right lip. Moreover, the intruder talked the whole time he was in the house, and all three robbery victims easily recognized and identified him by his voice.
After forcing his victims to lie down, Sterling Hall removed Johnson's wallet from his pocket, found that it contained no money, and then discovered and removed $215 from Johnson's front pocket. Appellant once again threatened to kill the group, but Johnson offered to give him all of the money in the house if he would refrain from so doing. Appellant agreed that if there was enough money he would let them go and he allowed Johnson to get up from the floor. When Johnson arose he saw a tall man wearing a pillowcase over his head and holding a gun. He disclosed his safe to the intruders. Thereafter appellant took Johnson to his bedroom, covered his head with a bedspread, placed his gun against Johnson's temple and said that he would give him a chance, but that if he ever heard about 'this again' Johnson wouldn't have another chance. He then bound Johnson's hands and feet and both criminals left.
When their tormentors departed, Jessie discovered that her billfold and some money had been taken from her purse. Two guns were missing from Johnson's bedroom. Cash and valuables were missing from the safe including a watch worth $795, a ring worth about $1,600, a box containing Jessie's Bible and about $600 in cash, and approximately $8,000 in large bills. The latter sum included forty-six $100 bills, six to eight $50 bills, about $2,000 in $20 bills, $300 or $400 in $10 bills and a $500 bill which had been torn in half but taped together again.
The next day Richard D. Nelson, sales manager at Cotter Motors in Long Beach, was visited by appellant and Thompson; he sold each a Cadillac convertible. Appellant made a substantial cash downpayment using a $500 bill which was torn and taped together and about ten $100 bills; Thompson's down-payment consisted mostly of hundreds. Nelson also identified the missing ring which appellant was wearing at the time. Two days later Adamson accompanied appellant and Thompson to Cotter Motors and purchased a Cadillac with a down-payment of $2,000 in $100 bills.
When police officers arrested Thompson and searched his apartment on January 21, they discovered the two guns and a Bible. That same day appellant was arrested at a drive-in and taken to the police station in a police car; the officer who transported him later discovered the stolen ring under the rear seat of the police car.
David Collins, who was present at the Johnson residence on the day of the robbery, confirmed the testimony of Johnson and his sister, Jessie. While Collins lay on the floor with his head covered...
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People v. Allison, B182335 (Cal. App. 4/27/2007)
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