Looney

The defendants and three others not herein named were jointly charged, tried and convicted of robbery of the first degree. Defendants La Caster and Nunn have appealed and their appeals have been presented separately.

From the record it appears that on Thanksgiving Eve of 1933 the five defendants met at a bootleg establishment conducted by defendant Nunn and agreed upon the robbery. They thought that the complaining witness was operating a still and that he had considerable brandy and wine on his premises. Defendant La Caster was to pose as a federal officer, and they thought that in this way there would be no trouble getting the liquor from the complaining witness for the reason that he would be scared to death. The five conspirators arrived at the premises of the complaining witness in automobiles about midnight. Defendant La Caster showed complaining witness a badge and said “Federal officers.” Defendant Nunn came up with a shotgun and said “Hands up.” They all entered the house. They took from the complaining witness his poeketbook containing $23, also $2 in loose change from his pockets. They also took a barrel of wine and two five-gallon bottles of wine, a watch, two tires…

I concur in the judgment. In my opinion the trial court erred in ruling that defendant La Caster could not discuss his own testimony in his argument to the jury. The argument of defendant not being before us, we should presume that he obeyed the ruling of the court, and that in any event the court enforced its ruling. This error, however, should not cause a reversal of the judgment for the reason that La Caster virtually admitted his guilt while testifying as a witness. From his own testimony the jury could bring in no other than a verdict of guilty and defendant cannot possibly expect a reversal of the judgment on this point.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal was denied by the Supreme Court on October 31, 1935.

Crail, P. J.

The defendants and three others not herein named were jointly charged, tried and convicted of robbery of the first degree. Defendants La Caster and Nunn have appealed and their appeals have been presented separately.

From the record it appears that on Thanksgiving Eve of 1933 the five defendants met at a bootleg establishment conducted by defendant Nunn and agreed upon the robbery. They thought that the complaining witness was operating a still and that he had considerable brandy and wine on his premises. Defendant La Caster was to pose as a federal officer, and they thought that in this way there would be no trouble getting the liquor from the complaining witness for the reason that he would be scared to death. The five conspirators arrived at the premises of the complaining witness in automobiles about midnight. Defendant La Caster showed complaining witness a badge and said "Federal officers." Defendant Nunn came up with a shotgun and said "Hands up." They all entered the house. They took from the complaining witness his pocketbook containing $23, also $2 in loose change from his pockets. They also took a barrel of wine and two five-gallon bottles of wine, a…