Watson

People v. Watson

Good Law
1965 Cal. App. LEXIS 1007·234 Cal. App. 2d 203·44 Cal. Rptr. 306
Court of Appeal of CaliforniaMay 4, 1965Crim. No. 10381California3,539 words

Opinion

Lead Opinion

Wood, J.

In two counts of an information the defendant was accused of robbery, and in two counts he was accused of kidnaping. In a nonjury trial he was adjudged guilty on both counts of robbery, and not guilty on the other counts. It was also adjudged that it was robbery of the first degree. Defendant appeals from the judgment of conviction.

Appellant’s only contention is that the court erred in deny *204 ing his motion to strike the testimony of Mr. Joiner, a victim of the robbery, wherein he said that he identified the defendant, at the police lineup, as one of the robbers. He argues to the effect that since the court ruled that defendant had been arrested illegally and that the articles obtained by the officers during a search were obtained illegally, the testimony of the victim (Mr. Joiner) that he identified the defendant, at the police lineup, as one of the robbers, was inadmissible in that the testimony was so connected with the illegal arrest that it was “fruit of the poisonous tree,” i.e., the illegal arrest.

On April 10, 1964, about 7 p.m., while Mr. Joiner and Mr. Hill were in the office of a motel which was owned by Mr. Joiner, two Negro men entered the office. One of them…

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