Kamm

People v. Kamm

Good Law
178 Cal. App. 2d 863·1960 Cal. App. LEXIS 2668·3 Cal. Rptr. 387
Court of Appeal of CaliforniaMarch 16, 1960Crim. No. 6832California777 words

Opinion

Lead Opinion

Herndon, J.

After a non jury trial, appellant was convicted of first degree robbery. Appealing from the judgment of conviction, he advances the sole contention that “there is no substantial evidence to sustain the findings of fact upon which the judgment was necessarily predicated. ’ ’ The record eloquently contradicts this ill-founded contention. It discloses proof of guilt more than sufficient to satisfy the “substantial evidence” rule.

The Chef’s Inn on East Colorado Street in Pasadena was robbed at about 11:30 p. m. on January 4, 1959. Appellant’s codefendant, Kamm, entered the restaurant, pointed a gun at the cashier, handed her a bag and told her to put the money in it—that it was a holdup. The cashier complied by taking currency from the cash register and handing it to Kamm who then ran out of the door, leaving the bag behind. John Whyers, a customer who heard the cashier yell *864 that she had been robbed, ran outside and saw Kamm running toward a light green 1955 Thunderbird automobile. Kamm opened the door and got into the ear while it was slowly pulling away from the curb. Whyers took the car’s license number. He though that Kamm was carrying a gun in one hand.

Officer Hamilton…

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