Johns

People v. Johns

Good Law
1967 Cal. App. LEXIS 1800·257 Cal. App. 2d 429·64 Cal. Rptr. 899
Court of Appeal of CaliforniaDecember 26, 1967Crim. No. 13449California2,162 words

Opinion

Lead Opinion

Fourt, J.

—This is an appeal from a judgment of conviction of robbery and an attempted appeal from the order denying motion for new trial.

In an information filed in Los Angeles on September 13, 1963, Robert Lee Johns (appellant herein) and codefendant Cornelius O’Neal were charged with robbing Phillip Jaffe of a revolver and about $60 in money on August 23, 1963. It was *431 further charged that at the time of the arrest of defendants, they were armed with a concealed deadly weapon, a revolver, and that at the time of the commission of the offense, they were armed with a deadly weapon, a revolver. Two prior felony convictions (auto theft and forgery) were charged against O’Neal and one prior felony conviction (Health & Saf. Code, § 11530) was charged against Johns. Defendant pleaded not guilty. In a trial a written confession of O’Neal was introduced into evidence. On appeal the cause was reversed as to O’Neal because of the Dorado [ 62 Cal.2d 338 ( 42 Cal.Rptr. 169 , 398 P.2d 361 )] rule and as to Johns because the “improper admission of the confession against 0 ’Neal was prejudicial error in the trial of Johns.” The cause was retried and each defendant was found guilty of robbery in the…

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