State v. Naples, 34106
| Decision Date | 09 January 1958 |
| Docket Number | No. 34106,34106 |
| Citation | 51 Wn.2d 525,319 P.2d 1096 |
| Parties | The STATE of Washington, Respondent, v. Joseph NAPLES, Appellant. |
| Court | Washington Supreme Court |
Warner, Pierce & Peden, Seattle, for appellant.
Charles O. Carroll, Laurence D. Regal, Charles Z. Smith, Seattle, for respondent.
The defendant appeals from a conviction of aiding and abetting a grand larceny of electric appliances from the Security Transfer and Storage Company on Saturday afternoon, June 11, 1955, by acting as a lookout for the criminals during the commission of the crime.
The appellant admitted that he drove one Callas, the leader of the larceny gang, to the scene of the crime. A tavern keeper across the street took appellant's car license number and this led to his arrest and identification.
A key to the building where the goods were stored had been obtained from a former tenant. The stolen appliances were hauled away in a Hertz U-Drive truck.
Carden, one of the criminals working on the inside of the building, testified:
'
Gordon Berglund, a customer in the tavern at the time of the commission of the crime, testified that he observed two men looking up at the building across the street as if some one in it was signaling to them; that one of them got into a green 1949 Oldsmobile and drove around toward the back of the building; that he then drove his car around the block in the opposite direction and met the green Oldsmobile; and that when he returned to the tavern, he saw the green Oldsmobile pick up another man, who was walking south. He testified that the green Oldsmobile was parked shortly thereafter on Railroad avenue under the viaduct with one man in it, and that it left the scene of the crime after approximately one hour.
The appellant contends the court erred in submitting the case to the jury, upon the ground that there was insufficient evidence to sustain a conviction. The jury had a right to believe, from Carden's testimony alone, that the appellant aided and abetted the crime by acting as a lookout.
The assignment of error is without merit.
The appellant contends the court erred in admitting hearsay testimony given by Carden, a principal criminal, to the effect that Callas said the appellant was to act as a lookout...
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State v. Taplin
...(b) participated as an aider and abettor, (as illustrative only: by driving the getaway car, acting as a lookout, See State v. Naples, 51 Wash.2d 525, 319 P.2d 1096 (1958), acting as a decoy or cover, or by helping load or unload the loot); or (c) perpetrated the breaking and entering alone......
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State v. Music, 41227
...to the admission of hearsay evidence is not made, said evidence will not constitute the basis for reversible error. State v. Naples, 51 Wash.2d 525, 319 P.2d 1096 (1958). Additionally, we have held that, where physical evidence taken from a murder scene is not positively identified, such fa......
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State v. Carlson
...is not the basis of reversible error when neither timely objection to its reception nor motion to strike is made. State v. Naples, 51 Wash.2d 525, 319 P.2d 1096 (1958). The information charging the defendant with the crime of burglary, second degree, was filed on September 20, 1968. The com......
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Daniels v. State, F--76--149
.... . .' (Citations omitted) In essence, the defendant asks the same thing of the Court as did the appellant in State v. Naples, 51 Wash.2d 525, 319 P.2d 1096, 1098 (1958), where that court 'The appellant assigns as error the court's refusal to instruct the jury that one who withdraws his aid......