Woods

People v. Woods

Good Law
1968 Cal. App. LEXIS 1908·260 Cal. App. 2d 728·67 Cal. Rptr. 396
Court of Appeal of CaliforniaApril 2, 1968Crim. 12737California763 words

Opinion

Opinion

Fourt, J.

—This is an appeal from a judgment of conviction of armed robbery.

In an information filed in Los Angeles on July 29, 1965, defendant was charged in count 1 with participating with James Arthur and Richard Brown in robbing Van Alexander of $85 on or about June 23, 1965, in count 2 with participating with James Arthur and Richard Brown in robbing Emanuel Stahl of certain clothing of the value of $90. It was further charged in each count that at the time of the commission of the offense said defendants were armed with deadly weapons, namely, a sawed-off rifle and an automatic pistol. Each of the codefendants pleaded not guilty. At the first trial, the judge ruled, out of the presence of the jury, that certain statements of defendants appeared to be voluntary and that defendants had been properly advised of their constitutional rights under the Dorado rule. The jury was deadlocked and a mistrial was declared. The motion of Woods on January 10, 1966, to sever his trial from that of his codefendants was granted. At the second trial Woods waived a jury trial and was found guilty of first degree armed robbery as charged in each count. He was sentenced to the state prison on each count,…

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