[DOWNLOAD] "People v. Cahill" by Fourth Appellate District District Court Of Appeal Of California * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Cahill
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 18, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal from a judgment following the verdict of a jury finding defendants guilty of robbery in the first degree, and from an order denying a new trial. The information charged that on November 18, 1957, the defendants took from the person and immediate presence of one James Hicks the sum of $2,000 by means of force and by putting the said James Hicks in fear. The scene of the robbery was the Gaines Super Market in Stockton, California. The time was about 8:45 p. m. Four market employees were present when two men entered the market. They were identified, at the trial, by a number of witnesses as being the defendants. Baumgartner had a .45 automatic in his hand, Foster a .22 caliber revolver. The employees were forced to open the cash registers and remove the money. An attempt to open the safe was futile. After securing the cash available from the registers, the men ordered the market employees to the rear of the market and fled. The identifications were positive. Four days after the commission of the robbery, Baumgartner was arrested at his home in Palo Alto. The officers found $300 in currency hidden in the mattress of his bed and a .45 caliber automatic was taken from his automobile. Foster was arrested in Los Angeles County six days after the robbery. At the time of his arrest he had a .22 caliber revolver in the glove compartment of his automobile. One Frank Gail Cox, aged 17 years, testified that he saw Foster on a street in Stockton on the afternoon of November 18, 1957; that Foster waved him down and got into his car, promising to give him $5.00 if he would take him to Palo Alto; that he drove Foster to Palo Alto and to John Baumgartners home, being directed thereto by Foster; that Foster left the car and had a conversation with Baumgartner, then came back to the car and that