People v. Boston
People v. Boston
Opinion of the Court
Defendant Elbert Boston appeals from a judgment of conviction in a jury trial of robbery of the first degree and from an order denying his motion for a new trial. The information also alleged that defendant had suffered a prior conviction. The ground of the appeal is insufficiency of the evidence to justify the verdict.
About 1:20 a. m., October 28, 1952, one Donald Nordstrom, assistant manager of a service station in Los Angeles County, had closed the station and was counting the day’s receipts in a dimly lighted office. Two men, one taller than the other, entered the office, each with a silk stocking pulled over his head down to about the mouth. The taller of the two men took the money that was in front of Nordstrom and some more that was on a desk, together with some checks, the amount of the money and checks being $249. They allowed Nordstrom to walk away; he did not see an automobile but heard one being started up. He remained away from the station a short time, when he returned and called the police.
Officer Baldridge of the Los Angeles Police Force testified that defendant, while under arrest in Arkansas, stated that he had stolen a car to drive to Miami but decided to go to New Jersey; on the plane, returning to Los Angeles, defendant stated: “Well, I can’t say I was in the robbery; let’s say I heard there was a robbery and a car ditched near Prairie and Imperial” and later “it would be closer to Century than to Imperial.” He said he had seen Dawson and Robinson have three guns in a car and had told them they had better keep them out of sight or they would be picked up. He also said he would have friends to testify to an alibi for him; that he would plead guilty to theft of an automobile but not to robbery. When questioned by Officer Simon, on the way to Los Angeles, as to where he was on the night of the robbery defendant said he was at Sally’s Café. When Officer Simon asked him how he knew when the robbery was, that no date had been mentioned, defendant smiled and said he was at the café. He said he had gone to his home, had seen officers
Defendant admitted having met Bill Robinson at his, defendant’s, home on October 27th in company with Dawson, at which time they offered to sell him a gun which he did not buy. He testified that the three entered the Robinson car and drove to Sally’s Café where they let him out. They did not mention the robbery; that he was driven home from the café at about 9 :45 p. m. where he went to sleep and remained until the next morning. There was corroboration of his testimony that he was at home at the time of the robbery, and at Sally’s Café earlier in the evening. He had been taken into custody and questioned about certain robberies within a week prior to October 27th but was released. He was afraid he would be arrested but was intending anyway to go to New Jersey.
It is well settled that the corroboration of the testimony of an accomplice is sufficient if it tends to connect the defendant with the commission of the crime in such a way as to reasonably satisfy the jury that the testimony of the accomplice is true. It may be sufficient even though slight, and entitled to little consideration when standing by itself, provided it tends to connect the accused with the commission of the crime. (People v. Gallardo, 41 Cal.2d 57, 62-63 [257 P.2d 29].)
The fact that Nordstrom, having pointed out defendant as one of the robbers, stated he could not be completely certain, did not rob his testimony of all weight or credibility. He stated his reasons for identifying defendant and his failure to testify positively indicates that he was a conscientious and scrupulous witness. Aside from the testimony of Nordstrom there was other corroborating evidence. Defendant admittedly was friendly with, and in the
The judgment and order are affirmed.
Wood (Parker), J., and Vallée, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.