People v. Smith

An appeal by defendant from a judgment of conviction of first degree robbery and from an order denying his motion for a new trial. The sufficiency of the evidence upon which the conviction is based is not questioned, but appellant urges as grounds for reversal that there was a fatal variance between the allegations of the indictment and the proof in regard to the ownership of the property stolen from the victim of the robbery, and that the court erred in ruling upon the admissibility of certain evidence offered and received on behalf of the prosecution.

The indictment charged appellant with having robbed one Wilbur A. Johnson of the sum of $17,996, “the personal property of said Wilbur A. Johnson.” The evidence proved that the money belonged to the Pacific Gas and Electric Company, a corporation, by whom Johnson was employed, but was in Johnson’s possession at the time of the robbery, and that he was robbed of the same while on his way to deposit the money in the bank. The variance complained of was immaterial. It is sufficient to sus-, tain a charge of robbery if the property feloniously and forcibly taken from the person of another belonged to any person other than the…