Cavanaugh

People v. Cavanaugh

Good Law
1968 Cal. LEXIS 239·69 Cal. 2d 262·70 Cal. Rptr. 438·444 P.2d 110
Supreme Court of CaliforniaAugust 19, 1968Crim. No. 11797California4,866 words

Opinion

lead Opinion

Mosk, J.

Defendant appeals from a judgment convicting him on three counts of armed robbery. 1 He contends that the trial court abused its discretion in limiting the number of corroborating alibi witnesses to be brought from Massachusetts to testify in his behalf, that it was prejudicial error to admit evidence of another robbery committed by defendant in California some two weeks after those charged, and that he *264 was identified at an unfairly constituted lineup. We have concluded that these contentions are without merit and hence that the judgment should be affirmed.

At 9:30 p.m. on November 12, 1964, four employees of a Von’s Shopping Bag market were closing the store for the day when they were accosted by defendant. His face was pockmarked and he was wearing a gray or tan trenchcoat. According to the three employees who testified, Webster, Monette, and Lowery, 2 defendant “punched" what appeared to be a gun into Webster’s side and ordered them “back into the market." He looked both ways outside the door, and called to another man who thereupon entered with him. It was subsequently learned that the name of defendant’s confederate was Joseph Ponte.

With drawn guns, defendant and…

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