People v. Smith

Defendant was charged by information in four counts, with (1) kidnapping for the purpose of robbery, subjecting the victim to bodily harm while armed with a deadly weapon; (2) armed robbery; (3) attempted kidnapping, while armed with a deadly weapon; and (4) kidnapping, while armed with a deadly weapon. Defendant pleaded not guilty. At the close of the evidence count 2 was dismissed. Verdicts were returned finding defendant guilty as charged in counts 1, 3 and 4. Defendant waived jury trial on the issue of penalty and moved for a new trial which was denied. Probation was denied. Defendant was sentenced to the state prison on each offense for the terms prescribed by law, the sentences to run concurrently. The term for the violation of count 1 is for life without possibility of parole. Defendant appeals from the judgment of conviction and from the orders denying a new trial and probation.

On October 7, 1961, a married woman, the mother of three children, had been shopping at a market on Western Avenue at about 9:15 in the evening. While she was leaving the parking lot preparatory to returning home defendant approached her, opened the back door of her car, entered the car and…