People v. Black

An information was filed charging the defendants with the violation of section 211a of the Penal Code by the armed robbery of Mrs. Sally Temple, a similar violation of armed robbery involving Mr. Temple, a count charging the kidnaping of Mrs. Temple, a similar violation as to Mr. Temple, a count charging violation of Penal Code section 459 for burglary and entering the dwelling house of Mr. and Mrs. Temple, and the last count charging the burglary of the J. C. Penney Company store in Fresno.

Appellant Black was charged with six prior convictions and appellant Ebell, with four prior convictions, all of which were admitted by appellants.

After a jury trial, appellants were found guilty of all six counts, and it was found that appellants were armed, fixing the degree of robbery in the first degree and burglary in the first degree.

On November 21, 1961, Mrs. Temple arrived at her home at 5:30 p.m. and upon entering her kitchen was met by a man (Intruder No. 1) wearing a mask having a large nose and teeth, attired in a two-piece coverall suit and pointed toe, loafer-type shoes. Mrs. Temple fainted and upon reviving was dragged by the intruder from the kitchen into the living room,…