People v. Robinson, Cr. 2595

• Decision Date: 13 March 1951
• Docket Number: Cr. 2595
• Citation: 102 Cal.App.2d 800,228 P.2d 583
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE v. ROBINSON.

Page 583

228 P.2d 583

102 Cal.App.2d 800

PEOPLE v. ROBINSON.

Cr. 2595.

District Court of Appeal, First District, Division 2, California.

March 13, 1951.

Rehearing Denied March 28, 1951.

Joseph L. Bortin, San Francisco, for appellant.

Edmund G. Brown, Atty. Gen., David K. Lener, Deputy Atty. Gen., for respondent.

SCHOTTKY, Justice, pro tem.

Appellant George William Robinson was jointly charged by information in five counts with Lester Sparks and Willie R. Rogers with the commission of forgeries in violation of sec. 470 Penal Code. In count one it was charged that said defendants on September 24, 1948, in Alameda County, 'with intent to defraud Alfred S. Benjamin, the Pacific Pipe Company, a corporation, Oscar Inyard, the Bank of America National Trust and Savings Association, a corporation, and each of them, falsely made, altered and forged a certain' payroll check of the Pacific Pipe Company in favor of Oscar Inyard for the sum of $84.72, and 'uttered, published and passed the same as genuine and true to Alfred S. Benjamin, knowing the same to be false, altered and forged.' The other four counts are identical with the first count except only as to the number of the alleged check and name of the persons alleged to have been intended to be defrauded, the second, third, fourth and fifth counts each alleging that the check set forth therein was uttered, published and passed to Maurice Brooks, Nathan Sirowitz, Arthur Mattal, and Frank Milana, respectively. Defendants Robinson and Sparks were also charged with the conviction of prior felonies, and both admitted such convictions.

After a trial before a jury, which lasted four days, all three defendants were found guilty. Motions for a new trial were denied, and defendant Robinson alone has appealed from the judgment and the order denying his motion for a new trial.

Upon the trial all three defendants were represented by the same two attorneys. Appellant Robinson has filed this appeal in propria persona and filed an opening brief prepared by himself with some assistance from others. This court thereafter appointed counsel to assist appellant and said counsel appeared and made an oral argument in behalf of appellant but appellant evidently did not choose to accept the assistance of the counsel appointed by the court as appears from statements in the closing brief, also prepared by appellant. As is not unusual in briefs prepared by laymen, appellant's briefs make many statements of alleged facts which are outside of the record, and make charges and accusations against officers, prosecuting attorneys and defense counsel which find no basis or support in the record.

We have studied the entire record with great care because we felt that appellant did not possess the experience or ability to enable him to adequately present the points of his appeal, and we are forced to conclude that not only was there ample evidence to support the conviction of appellant but the evidence in our opinion was so clear and convincing that it is difficult to understand how the jury could have arrived at any other verdict. Furthermore we are convinced that appellant was ably defended in the trial court and that he received a fair and impartial trial.

Before discussing the numerous contentions, if they may be called such, of appellant, we shall summarize the factual situation as disclosed by the record and as accepted by the jury.

On the night of August 28, 1948, a man named Oscar Inyard, a resident of Los Angeles, met a young lady on Central Avenue in Los Angeles, had a few drinks with her, and the next think he remembered was that he awoke the next morning in a hallway minus his checkbook, his Bulova wrist watch, his Social Security card, his Notice of Classification Card, his army discharge papers, and other personal identification papers.

On the night of September 23, 1948, appellant Robinson and defendants Rogers and Sparks came to the King's Hotel at 1207--7th Street in Oakland together and registered and were given rooms. The next day a number of checks, dated September 24th were cashed in the City of Oakland. These checks were all purported payroll checks of Pacific Pipe Company, were all for $84.72 and were all made payable to Oscar Inyard. One was cashed at a liquor store at 1818--7th Street by a man identified as defendant Rogers. Another was cashed at a liquor store at 1796--7th Street by a man identified as Robinson, and still another was cashed at a clothing store at 1586--7th Street by a man identified as defendant Rogers. Around 10 or 11 o'clock that night appellant and defendants Rogers and Sparks came to the manager of King's Hotel, Mrs. Rosa Winston, and Robinson asked her if she would keep some money which she understood was Rogers' money, and he then gave her $130 and said 'Now don't give this money up until I come back for it' and she then gave him a receipt stating that she had received $130 from W. M. Rogers.

The following day, September 25th, another check was cashed at a shoe store on San Pablo Avenue by a man identified as defendant Rogers. A few hours later on the evening of the 25th the offense giving rise to the fifth count of the information was committed when Rogers entered the D & M Liquor Store, 3823 San Pablo Avenue, Emeryville, and passed a check on Frank Milana the proprietor and one of his clerks. Rogers represented himself to be Oscar Inyard and exhibited papers including an army discharge in support of his claim. He endorsed the name 'Oscar Inyard' on the check.

In the meantime Officer John L. Doyle of the Emeryville Police was called to the D & M Liquor Store and drove to a point near the entrance in an automobile. At this point Doyle joined another officer, Officer Guneri, who was seated in a second police car and who was watching the store. Officer Doyle then saw defendant Rogers walk out of the D & M Liquor Store and get into the back seat of an automobile which started up immediately. The officers drove their own cars into possitions in front of and behind this automobile in which Rogers was riding thus forcing it to stop. Defendant Robinson was seated at the wheel of the vehicle and defendant Sparks was sitting in the front seat on Robinson's right. Officer Doyle turned a flashlight on defendant Rogers and as he did so Officer Doyle heard the sound of something falling to the floor in the rear part of the automobile occupied by the defendants. At the same time Officer Guneri asked Rogers if he cashed a check and Rogers said, 'Yes, I did'.

Officer Guneri took Rogers back to the D & M Liquor Store where Mr. Milana produced the check just received from Rogers, towit, Exhibit 11. While inside the D & M Liquor Store, Officer Guneri asked Rogers for his wallet and it appears that Rogers did not have it in his possession at that moment.

While Officer Guneri, Mr. Milana and defendant Rogers were busy inside the liquor store, Officer Doyle, who had remained at defendants' car with Robinson and Sparks, found a wallet, in the back of their vehicle. When Rogers was brought back to the car by Officer Guneri, Rogers said, 'I lost my wallet' to which Doyle having discovered Exhibit 43 replied, 'I found it. Here it is.'

Officer Doyle searched Rogers' wallet and found the Classification Notice stolen from Mr. Inyard in Los Angeles and the photostatic copy of a genuine photostatic copy stolen from Mr. Inyard. He also found a purported identification card of Pacific Pipe Company in the name and address of Oscar Inyard, 3810 West Street, Oakland and bearing Mr. Inyard's forged signature; an uncashed check purporting to be a check of Pacific Pipe Company made out to Oscar Inyard for $84.72, being the same type of check as the ones hereinbefore referred to as...