Ross

People v. Ross

Good Law
1965 Cal. App. LEXIS 831·236 Cal. App. 2d 364·46 Cal. Rptr. 41
Court of Appeal of CaliforniaAugust 6, 1965Crim. No. 10461California4,980 words

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…

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