State v. Gamber

• Decision Date: 17 June 1912
• Citation: 124 P. 210,69 Wash. 66
• Parties: STATE v. GAMBER et al.
• Court: Washington Supreme Court

124 P. 210

69 Wash. 66

STATE v. GAMBER et al.

Supreme Court of Washington

June 17, 1912

Department 1. Appeal from Superior Court, King County; J. T. Ronald Judge.

G. G Gamber and another were convicted of robbery, and the defendant named appeals. Reversed, with directions to dismiss.

John W Whitham, of Seattle, for appellant.

John F. Murphy, Crawford E. White, and Reah M. Whitehead, all of Seattle, for the State.

GOSE J.

The defendants were jointly charged, tried, and convicted of the crime of robbery. The defendant Gamber has appealed.

At the close of the state's case, the appellant moved for a directed verdict. The denial of this motion constitutes the principal assignment of error. The state's case shows that the complaining witness, Wolfe, was drinking in a saloon on Yesler Way in the city of Seattle at about 8 o'clock on the evening of the robbery; that he then exhibited a considerable sum of money; that the defendant Matson was then in the saloon, but not drinking with Wolfe; that the appellant was not in the saloon; that Wolfe left the saloon in a drunken condition, between 8 and 8:30 p. m.; that Matson left a few minutes later, and joined Wolfe on First avenue, about two blocks north of Yesler Way; that they traveled north on First avenue about 10 blocks, when they were joined by the appellant; that Matson had arranged to take Wolfe to Fourth and Pike streets, and that the three continued to travel north a distance of 10 or 12 blocks, when Wolfe was knocked down and robbed. Wolfe testified that Matson came up to him and said, 'Where you going, kid?' that he answered that he was going to Fourth and Pike streets; that Matson said, 'I am going up that way. I will show you the place;' that he, Wolfe, was unacquainted with the city, but that he could get his bearing at that point. The state's evidence further shows that Wolfe was not acquainted with either of the defendants; that the appellant did not strike or touch Wolfe, but that the latter was assaulted and knocked down by Matson. Wolfe further testified that he finally realized that he was 'in a strange part of town'; that he knew his money was not safe; that he turned to leave the defendants; that the appellant then said, 'Get him'; that he then started to run and to call for help; that when he had run about a half block Matson overtook him, struck him, and knocked him down. A Mr. Rudd, a policeman, testified that he heard the call for help, and hastened to the scene; that when he reached there he found six or eight people, including both defendants; that Matson 'was all over mud'; that he asked Wolfe where he had been robbed, and that he answered, 'Over there'; that the appellant then said that Wolfe had been robbed in the alley, and that they went to the alley and some one, he did not remember who, picked up $100 in $20 gold pieces and gave to the witness. Later in the evening Matson was arrested, and two muddy $20 gold pieces were found secreted in his sock. Wolfe further testified that he met the appellant the next day, and that the latter said to him, 'You got pretty badly beaten up, didn't you?' that he said, 'Yes,' and that the appellant then said that he did not rob him, that he had plenty of money and did not have...