Brown

People v. Brown

Good Law
1963 Cal. App. LEXIS 1645·222 Cal. App. 2d 197·35 Cal. Rptr. 116
Court of Appeal of CaliforniaNovember 8, 1963Crim. No. 1913California1,010 words

Opinion

Lead Opinion

Griffin, J.

Defendant-appellant Franklin Brown, Jr. and his codefendant Clemmie Lee Jones were charged with *198 robbery while armed with a deadly weapon. Defendant Brown was also charged with two prior felony convictions: possession of an illegal weapon and grand theft. He pleaded not guilty to the charge and admitted the prior convictions. Both defendants were convicted by a jury of robbery in the first degree. Defendant Brown (hereinafter referred to as appellant) appealed.

FACTS

On the night of October 20, 1962, the clerk at a market was robbed of $187 at the point of a gun by these defendants, according to witnesses. Appellant, the shorter of the two, was holding the gun. Defendants escaped from the lighted store and fled to the lighted parking area where their ear was parked. A short time later, defendants were brought to the store for identification and they were identified by the clerk there and again at the police station. There were other occupants of the store at the time of the holdup, including several children, who identified these defendants and their car. Defendants produced several witnesses to corroborate their story that they were at a pool hall, about a five-minute drive…

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