People v. Smith

Defendant appeals from judgment of conviction after jury trial of violation of section 211, Penal Code (robbery with prior convictions).

Questions Presented

1. Was defendant deprived of due process by the discharge of his attorney during the trial and the refusal of the court to appoint another attorney ?

2. Insufficiency of evidence.

3. Was there an unlawful search and seizure ?

4. Was the action of the district attorney in asking defendant concerning his 1945 conviction of grand theft and in referring to it in argument, improper f

5. Were posed photographs of the getaway car at the scene of the crime admissible ?

Record

Defendant was charged in an information with the crime of robbery, with prior convictions. He admitted four prior convictions: (1) grand theft; (2) armed robbery in the first degree; (3) robbery; (4) assault with a deadly weapon. The jury found defendant guilty of robbery.

About 8 p.m. on May 14, 1962, Mrs. Christiansen, a resident of the area next to the parking lot between the El Nido Market and Amario’s Store in Richmond, saw a car parked in the driveway leading to the parking lot. It was a Pontiac station wagon, dark green, with simulated wood…