Bauer

People v. Bauer

Bad Law
1 Cal. 3d 368·1969 Cal. LEXIS 214·82 Cal. Rptr. 357·461 P.2d 637·37 A.L.R. 3d 1398
Supreme Court of CaliforniaDecember 11, 1969Crim. No. 13189California3,398 words

Opinion

lead Opinion

Peters, J.

After a jury trial, defendant was found guilty of burglary in the first degree, robbery in the first degree, grand theft and automobile theft. The jury found that he was armed at the time of the commission of each offense. The jury acquitted him on a charge of kidnaping to commit robbery. Defendant was given concurrent sentences of imprisonment for *372 robbery and auto theft. He was not sentenced on the burglary and grand theft counts.

Lorraine Baer, Rose Helbig, and Maybell Cascino, three elderly ladies resided together in a house in Ventura. At approximately 5 in the afternoon of October 3, 1966, defendant and another man rang the doorbell and introduced themselves as gas company maintenance men, who wished to check the stove. Defendant was carrying what appeared to be a diagram or map, and both men were wearing gloves.

After gaining admittance, defendant drew a revolver and his accomplice a knife. Two of the women were forced to lie face down on the floor and their hands were tied with wire. The third was tied to a chair. The three women were blindfolded with pillowcases, which slipped .sufficiently to permit the women to observe defendant and his accomplice. When a…

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