Guidi

People v. Guidi

Good Law
164 Cal. App. 2d 680
Court of Appeal of CaliforniaOctober 29, 1958Crim. No. 2859California1,148 words

Opinion

Lead Opinion

Schottky, J.

Appellant, John Danko, and one Adolph Guidi were charged by information with the crime of robbery, it being alleged that on October 27, 1957, they did wilfully, unlawfully, feloniously and forcibly take Three Hundred Fifty-one Dollars ($351.00) in money from Al Gonsalves, and that they were at the time armed with a .45-calibre Colt revolver. Both Danko and Guidi pleaded not guilty, but prior to the date set for the trial Guidi withdrew his plea of not *681 guilty and entered a plea of guilty. Appellant Danko was tried alone, and the jury returned a verdict of guilty of robbery in the first degree. Judgment was pronounced, and Danko has appealed from the judgment.

The only contention made upon this appeal is that the evidence is insufficient to support the judgment. Before discussing this contention, we shall summarize briefly the evidence as shown by the record.

Alfred M. Gonsalves, a part owner of a tavern located at 2333 S Street in the city of Sacramento, was in his office about 10:30 a.m., October 27, 1957, when he was confronted by a man whose face was covered with a handkerchief. The man, who had a gun, demanded money. Gonsalves gave the man a cigar box which contained…

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