State v. Bender

• Decision Date: 03 July 1935
• Docket Number: 25495.
• Citation: 182 Wash. 348,47 P.2d 5
• Parties: STATE v. BENDER.
• Court: Washington Supreme Court

47 P.2d 5

182 Wash. 348

STATE v. BENDER.

No. 25495.

Supreme Court of Washington

July 3, 1935

Department 2.

Appeal from Superior Court, Snohomish County; Ralph C. Bell, Judge.

Saul Bender was convicted of robbery, and he appeals.

Affirmed.

A. E Dailey, of Everett, for appellant.

A. W Swanson, G. W. Louttit, and Frederick A. Clanton, all of Everett, for the State.

MITCHELL Justice.

Mitchell Thompson and David Arine, with Saul Bender, an alleged aider and abetter, were prosecuted for the crime of robbery in the unlawful taking of personal property from W. R. Austin by force and violence.

Thompson pleaded guilty. Saul Bender was found guilty by a jury, and has appealed from sentence and judgment on the verdict.

The evidence was sufficient to convince the jury, as follows: W R. Austin, a jeweler at Everett, was robbed. About two weeks Before the robbery, Bender, at the instance and solicitation of Arine, called on Thompson at the latter's home telling Thompson that he knew where Thompson could get about $10,000 worth of jewelry, and that Arine would help him hold up Austin's store in Everett where the jewelry was located. At that time, he took Thompson to Everett, showed him the jewelry store, and gave to him the plans and details of the proposed robbery. Sunday morning, August 27, 1933, was chosen as the time for the robbery, because, as stated, it would be quiet around the store at that time. A few days Before the 27th, Thompson and Arine called at the jewelry store for the alleged purpose of having a watch repaired, and on the evening of August 26th they called again on the pretext of purchasing a diamond ring. At that time, on leaving the store, it was agreed they would call the next morning. The next morning, Sunday, Thompson and Arine called on the pretext of getting the ring, and the watch left for repairs, and, as Austin proceeded to the safe, the two followed him, Thompson having a gun with which by a blow on the head he knocked Austin unconscious. A large quantity of jewelry and watches was taken from the safe and carried away by Thompson and Arine. Within a day or two, appellant Bender, called at Thompson's home. They went to Portland, trying to sell the jewelry, but were unable to do so. Bender, who claimed to be a collector or buyer of old gold, kept the jewelry, melted and sold it, and in a few days gave Thompson $265 as that part of the proceeds from the sale to which...