People v. Washington

McMURRAY, J. pro. tem. [*]

The defendants were tried by a jury, found guilty, and sentenced for first degree robbery. They appeal from these judgments. Appellant Washington appeals in propria persona; appellant Thomas is represented by counsel.

In addition to the charge of first degree robbery, appellant Washington was charged with and admitted three prior felony convictions in Missouri, one in 1948, one in 1954, and one in 1961. Appellant Thomas was charged with and denied a prior felony conviction in 1958 in the State of California. This charge was found to be true by the jury.

[1, 2a] Under familiar appellate rules, the facts most favorable to respondent disclose that on November 7, 1964, appellants entered a bar in Freeport, California, at about 11:15 p.m. and drank three beers. At about 10 minutes before midnight after all the other customers had left, the owner told appellants it was time to leave as it was closing time. Appellant Washington vaulted over the bar with a shiny object two to three inches long in his hand, and pressed it into the owner's side and said, "This is a robbery. We want your money." Thomas circled around the bar, pointed his finger at the owner and…