Ross
People v. Ross
Opinion
Lead Opinion
Lillie, J.
A jury found defendants Boss and Madrid guilty of first degree robbery (Pen. Code, § 211) and that they were armed at the time they committed the offense. They appeal from the judgment.
Around 5:30 a.m. on May 7, 1964, Madrid walked into a Chevron service station where Thomas Daulton was working, followed by Boss who pointed a rifle (Exh. 1) at Daulton declaring, “It’s a holdup; give me the key to the box” [outside by the pumps]. Daulton handed the keys to Madrid and, pursuant to Boss’s command, lay face down on the floor; Madrid returned and told Boss that he had gotten all of the money out of the cash box in front (approximately $60). Defendants worked on the lower half of the safe, but were unable to open it. Boss then took Daulton’s wallet out of his back pocket and removed two $2.00 bills which he had for 11 quite a while ’ ’ and which were folded in small squares; the first letter of the serial number of one (Exh. 2) was “A” (the corner of the bill was torn off). Later, upon arrival of police Daulton gave a detailed description of defendants, what they did and how long they were there. (Daulton twice identified defendants at the police station and positively identified them…