People v. Williams

Good Law
1965 Cal. App. LEXIS 1086·239 Cal. App. 2d 42·48 Cal. Rptr. 421
Court of Appeal of CaliforniaDecember 22, 1965Crim. 10598California1,415 words

Opinion

Opinion

Jefferson, J.

In a joint trial, appellant Williams, together with codefendant Dixon, were found guilty by the court of armed robbery. A prior felony conviction alleged against Williams was found to be true.

Prior to the commencement of the trial Williams made a motion to be tried separately. The motion was made on the ground that statements allegedly made by Dixon, which implicated Williams in the crimes charged, would be introduced; that even with limiting instructions, the jury would be unable to segregate this evidence and consider it only as against Dixon. The court denied the motion and defendants thereafter elected to waive a jury trial. Dixon does not appeal. Williams contends as grounds for reversal of his conviction, that an insufficient showing as to the necessity for a joint trial was made by the district attorney, and that, under the circumstances presented, the trial court abused its discretion in denying the motion for severance.

Without detailing the facts, the evidence showed that a men’s apparel shop was held up by codefendant Dixon, who forced the proprietor, at gunpoint, to give him the money in the cash register and then fled on foot after slugging him and taking his…

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