People v. Williams

A jury found Robert E. Lee and James Williams guilty of robbery (Pen. Code, § 211). Williams admitted a prior conviction, and he appeals from the judgment in which he was sentenced to- prison. Two issues were raised on appeal: (1) that the identification of the appellant as one of the robbers was constitutionally improper; and (2) that the extrajudicial statement of his codefendant Lee was improperly admitted.

Mrs. DeHerrera and her husband were driving home from the El Trocadero Cafe in Fresno’s Chinatown, where they had stopped for coffee. It was about 1 a.m., and Mrs. DeHerrera was driving. As they drove west on Tulare Street, their car was forced to a stop by a car which Mrs. DeHerrera had observed following them. Appellant Williams got out of the other car and walked to the DeHerrera vehicle. As he did so, Mrs. DeHerrera backed the car up and sought to escape. However, the other car overtook her and again forced her to stop. This time Lee and Williams approached the DeHerreras, and Williams pulled Mr. DeHerrera from the car. Lee entered the car on the passenger’s side, struggled with Mrs. DeHerrera, and said he wanted to have intercourse with her. She resisted,…