James

People v. James

Good Law

137 Cal. Rptr. 447·19 Cal. 3d 99·1977 Cal. LEXIS 119·561 P.2d 1135

Supreme Court of CaliforniaMarch 15, 1977Crim. No. 19271California7,984 words

Opinion

lead Opinion

Mosk, J.

Defendant appeals from a judgment convicting him of two counts of first degree burglary, one count of second degree burglary, and one count of armed robbery.

At 1:10 a.m. on Friday, September 6, 1974, Verta Kirk began her nightly work as cleaning woman in a small office building in Los Angeles. Ten minutes later she came upon defendant in the second-floor hallway. He ordered her to “freeze,” but she retreated into the adjacent office of Congressman Hawkins and slammed the door, automatically locking it. Defendant kicked the door open, seized Mrs. Kirk, pressed a^ knife blade against her chest, and announced he had to kill her because she could identify him. She pretended to faint. He went through her pockets and took some 30 dollars and her driver’s license from her wallet. He then threw water on her, and she pretended to revive. She told him she had a bad heart and asked him to leave, but he again said he would have to kill her.

Mrs. Kirk engaged defendant in conversation for approximately 45 minutes. Throughout this period she had ample opportunity to observe his features and appearance, as she was never more than two feet from him and the room in which they were…

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Parties

THE PEOPLE, and
Plaintiff
SAMUEL P. JAMES, and
Defendant

Judges

Mosk

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