People v. Lincoln
People v. Lincoln
Opinion of the Court
This is an appeal from the judgment and order denying a motion for a new trial.
Defendant was adjudged guilty of robbery. The record reveals that the victim was robbed by “two persons as he was locking up his gas station at 72nd and Avalon Boulevard for the night.” The defendant testified, as recited in appellant’s brief, that, “he was employed by the ‘East Side Taxi Cab Company.’ That on January 6, 1948, he went near a service station at 7‘2nd and Avalon Boulevard in Los Angeles and that time he was employed in the capacity of a taxi cab driver and that he had certain fares with him at that time. That he picked up the fares at 1035 East Jefferson Boulevard and they asked him to take them in the general direction of Watts. That they had him stop at 72nd and Avalon on a
It is contended on appeal that the evidence is insufficient “to justify the judgment.” In that connection it is argued that, “the evidence fails to establish any fact that appellant robbed the place or that he aided and ab&etted in its commission. ’’ It is also argued that, “It is not contended by the prosecution that Appellant participated in the robbery. Therefore, the only way that Appellant can be charged is that he intentionally aided and abetted in the commission of the crime. There is no evidence that a conspiracy existed to rob any place or that the robbery had been planned or plotted.”
It is evident from a review of the record, and in particular the testimony of the officer above referred to, that appellant’s argument is without merit.
The evidence is sufficient. The judgment and order are affirmed.
York, P. J., and White, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.