Pargo
People v. Pargo
Opinion
Opinion
Whelan, J.
Defendant appeals from a judgment on jury verdict finding him guilty of grand theft from the person, and of attempted robbery, in violation of Penal Code, section 487, subd. 2.
At about 5 a.m. of November 8, 1964, John Leonard Yogan and Charles Cleaver were offered a ride in a car whose driver thereafter forcibly removed from Yogan’s wrist a 17-jewel Benrus watch and who, after Yogan and Cleaver alighted from the car, armed himself with a tire iron with which he approached Yogan while demanding a diamond ring which the latter wore. His demand was refused; he then reentered the car and drove away.
A description of the car and driver was circulated by police. About 1:15 a.m. of November 14, defendant, who answered the description of the driver, was seen in a car that answered the description of the car. The ear was then being driven by its owner, Mrs. Deweylene Lee. Defendant was arrested.
Yogan and Cleaver identified defendant as Yogan’s assailant, and Mrs. Lee’s car as appearing to be the car in which they had ridden.
On November 12, defendant pawned, for five dollars, a 17-jewel Benrus watch of the same type as the stolen watch. On November 14, following his arrest and…