Doran

People v. Doran

Caution
100 Cal. Rptr. 886·1972 Cal. App. LEXIS 1139·24 Cal. App. 3d 316
Court of Appeal of CaliforniaMarch 24, 1972Crim. 20155California1,730 words

Opinion

Opinion

Kingsley, J.

Defendant and James William Jones, were charged with robbery, in violation of section 211 of the Penal Code. After a trial by jury, defendant was found guilty as charged, the verdict also finding that he was armed at the time of the offense. He was sentenced to state prison; he has appealed; we affirm.

The theory of the prosecution was that the defendants had entered the home of the victims in Santa Barbara, by falsely claiming to be telephone repair men, had held up the victims and a guest at gun point, and had taken valuable jewelry. The commission of the robbery was not in question; the only issue at the trial was the identity of the robbers.

On this appeal, defense counsel urges the following points:

We find none of these contentions to be meritorious.

I

The investigating officer had shown photographs of suspects to the victims over a two-year period. In some instances the showings had been preceded by a question as to whether the victims knew anyone by a certain name. The questions did not always relate to persons whose pictures were shown. Ultimately, after receiving the tip hereinafter discussed, the officer asked the victims if the names of Jones or Doran…

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