People v. Nash
People v. Nash
Opinion of the Court
Defendant Nash and one Phillips were accused of robbery. Trial by jury was waived. They were adjudged guilty. Nash appeals from the judgment.
Appellant contends that he was not identified as one of the robbers; that he and his eodefendant were forced to make statements of admission and confession; and that this court erred in not appointing counsel to represent him.
Mr. Ledelman, owner of a grocery store in Los Angeles, testified: On October 11, 1961, about 6 -.45 p. m., the two defendants entered his store and Nash bought some candy and asked for a can of juice. While he (witness) was getting the juice, Nash knocked him down, demanded money, and took $13 from his pocket (eight one-dollar bills and a five-dollar bill). During that time, Phillips was getting money from the cash register—he took $10 (in change—silver) therefrom. Nash exhibited a butcher knife (Exhibit 1), and said he wanted more money and that he would kill the witness. Then he squeezed the witness’ face and eyes and caused his face to bleed. Phillips, who was going about the store looking for money, opened the door to a backroom and caused the burglar alarm to sound. Then the robbers ran out of the store. The police caught them “right away,” and within approximately five minutes brought them, in the police car, to the front of the store. He (witness) went to the car and saw the robbers in it. The same persons who robbed him had been in the store on the preceding evening and had bought a can of juice.
Officer Perretta testified that on said October 12, about 6 -.45
Officer Fusilier, an investigating officer, testified that on October 13 (the next morning) about 9:30 o’clock he and another officer had a conversation with Nash wherein Nash’s statements were freely and voluntarily made. Nash said that he and Phillips needed money and, while they were driving by the store, they saw the store man was alone, they entered the store and ordered some juice in order to get the man to come from behind the counter and away from the register; when the man came from behind the counter, Nash threw him down and took money from his pocket; when the man started screaming, Nash put a knife “to” the man’s throat and told him to keep quiet or he would kill him; Phillips took money from the register, and went to the back of the store; the burglar alarm sounded, and they ran out of the store and were stopped by police officers.
Defendant Nash testified: On the morning of said October 12 he and Phillips had been looking for work and Phillips had gotten his unemployment check. About 2 p. m. of that day
Appellant’s contention that he was not identified as one of the robbers is not sustainable. The store man testified that the defendants were the robbers. Within a few minutes after the robbery, the store man saw the defendants in the police car which was in front of the store. One of the arresting officers testified that he saw the defendants running in a direction which was away from the store, and at that time the defendants were about 30 feet from the store and a burglar alarm was ringing. The defendants were arrested within a few minutes thereafter. According to testimony of officers, appellant admitted the charge against him. There was ample evidence identifying appellant as one of the robbers.
Appellant contends further that this court erred in not appointing counsel for him. As shown by the records herein, this court did appoint counsel to represent appellant. The attorney who was appointed, notified the court and the appellant, by letter, that in his opinion there are insufficient grounds for a meritorious appeal. As a result of that notification and the court’s examination of the record, the court made an order granting the attorney’s request to be relieved as counsel for appellant. The evidence shows that, in practical effect, the appellant was caught in the act of committing the robbery. It is apparent from the facts and conclusions hereinabove stated, that this court accorded appellant his rights in the matter of appointment of counsel.
The evidence amply supports the judgment.
The judgment is affirmed.
Fourt, J., and Lillie, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.