People v. Stone

Appellant was convicted of robbery. On appeal he contends (1) that a statement he made to a police officer was received in evidence contrary to the rule expressed in Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ], and People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]; (2) evidence obtained by illegal search and seizure was used at his trial; (3) his impeachment by proof of a prior felony conviction denied him due process of law; (4) the district attorney and trial judge were guilty of prejudicial misconduct, and (5) that the trial court erred in its ruling on the admission and exclusion of evidence. We reject all of these charges of error, and therefore affirm the judgment.

On April 4, 1964, two men, one a Negro and the other a white man, robbed the Kinney Shoe Store in Belmont. The assistant manager of the store, three clerks and the cashier were present during the robbery. The robbers pretended to purchase shoes, and upon presenting their purchases to the cashier, announced a robbery, departing with cash and two pairs of shoes. Later several of the store employees identified appellant from certain photos shown to them by the police. He…