Tiffith

This is an appeal by defendant Joseph Tiffith from a judgment convicting him of kidnaping, robbery and auto theft.

The evidence may be summarized as follows: Evangeline Bustamante testified that on October 10, 1968, she left her home at 7:30 a.m. to warm up her car before driving her daughter to a babysitter. She took with her a wallet containing $125 to $130 in currency. Mrs. Bustamante got into her car, placed her wallet on the dashboard and turned on the engine. She then decided to get out of the car in order to clean the fog from the windows. As she was getting out of the car, she saw defendant standing approximately 2 feet from her. She screamed, and defendant told her to shut up because he had a gun and had shot two people. He showed her a .22 caliber pistol and ordered her to get back into the car and crouch down on the floor of the passenger side of the car. Mrs. Bustamante was unable to fit herself completely into the space defendant had indicated, and she ended up with her head on the seat and the rest of her body on the floor. Defendant, who was holding the gun in his left hand, ordered her to cover her head and to stop looking at him.

Mrs. Bustamante…