Sanderson

People v. Sanderson

Good Law
12 Cal. Rptr. 69·190 Cal. App. 2d 720·1961 Cal. App. LEXIS 2359
Court of Appeal of CaliforniaMarch 30, 1961Crim. No. 7259California1,027 words

Opinion

Lead Opinion

Shinn, J.

Appellant and his codefendant Sanderson were charged with robbery, and with being armed with a deadly weapon both at the time of the commission of the offense and at the time of arrest. Appellant was also charged with a prior felony conviction of robbery. The codefendant pleaded guilty to the charge of armed robbery. Appellant pleaded not guilty and admitted the prior felony conviction. A jury found appellant guilty of robbery in the first degree and that he was armed at the time of his arrest. Appellant’s application for a new trial was denied; however, the court struck the finding that appellant was armed at the time of his arrest. The appeal is from the judgment and an order denying a new trial.

Appellant was driving his automobile with Sanderson as a passenger; he parked in front of a liquor store with his engine running, and waited while Sanderson went into the liquor store. Sanderson, while armed, robbed the store, walked out to appellant’s ear and they drove away. Officer Nudd noticed the odd way in which appellant was driving and followed him. After being informed about the robbery and the *722 get-away ear, the officer suspected that the appellant’s car was the one used…

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