Bristow

People v. Bristow

Good Law
1963 Cal. App. LEXIS 1992·216 Cal. App. 2d 97·30 Cal. Rptr. 572
Court of Appeal of CaliforniaMay 13, 1963Crim. No. 8571California471 words

Opinion

Lead Opinion

Burke, J.

Defendant was convicted by a jury of violation of section 211 of the Penal Code on four counts of robbery. A motion for a new trial and probation were denied. Sentence for the statutory period was pronounced. Defendant appeals from the judgment, sentence, and order denying a new trial.

The contentions of defendant are:

On the evening of February 3, 1962, a party of approximately thirty people was in progress at a residential apartment in Los Angeles. It continued into the early morning hours and at approximately 3 a.m. the party was raided by six male persons wearing masks and armed; several guests •were robbed and beaten. Four of the six were prosecuted in a consolidated trial with defendant.

Four of eight prosecution witnesses unqualifiedly identified defendant Bristow, appellant herein, as one of the armed robbers whose mask fell off from time to time. The evidence is more than adequate to "support the verdict, judgment and sentence, and a detailed review thereof is unnecessary here. The finality of the jury’s determinations of the factual issues and the credibility of witnesses is controlling on appeal. (People v. Treggs, 171 Cal.App.2d 537 [ 341 P.2d 342 ] ; People v.…

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