Gianello

People v. Gianello

Good Law
1924 Cal. App. LEXIS 194·68 Cal. App. 214·228 P. 671
Court of Appeal of CaliforniaJuly 21, 1924Crim. No. 1088.California1,201 words

Opinion

Lead Opinion

Works, J.

One Jesse Taylor “held up” one Clark at about noon of a certain day. ‘Clark was at the time in charge of a “store” which was connected with a certain creamery in Huntington Park, and Taylor took money and other personal property from the place. Defendant in this action was informed against as a principal in the perpetration of the robbery actually committed by Taylor under the statute which fastens guilt upon one who aids and abets another in the commission of a public offense. Defendant was convicted and he appeals from the judgment and from the order of the trial court denying his motion for a new trial.

Appellant contends that there was no evidence to show that he aided and abetted Taylor in the perpetration of the robbery. Taking the evidence in the order in which it went to the jury, various of the witnesses testified as follows: Mrs. Marie E. Douglass said that she went to the creamery, as a customer, around noon; that she then saw Gianello sitting in an old Ford car near the creamery; that she drove past the car in which he sat and parked her car in the rear of it; that she alighted from her car and on looking toward the Ford she observed that Gianello had turned and was…

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