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People v. Williams

Court of Appeal of California, Second District, Division One
Apr 21, 1949
91 Cal.App.2d 380 (Cal. Ct. App. 1949)

Opinion

Docket Nos. 4280, 4279.

April 21, 1949.

APPEALS from judgments of the Superior Court of Los Angeles County. Clement D. Nye, Judge. Judgments affirmed; purported appeals from sentences dismissed.

Prosecutions for robbery. Judgments of conviction of first degree robbery, affirmed.

Crispus A. Wright for Appellant.

Fred N. Howser, Attorney General, and Howard S. Goldin, Deputy Attorney General, for Respondent.


The defendant was convicted of four counts of first degree robbery. Two cases, each with two counts against him were consolidated for trial. Defendant and his counsel waived trial by jury; upon stipulation of the district attorney and counsel for defendant, part of the testimony considered by the trial court was the reporter's transcript of the evidence on the preliminary examination before the committing magistrate.

The convictions were based upon positive identification of the defendant by the victims of the several robberies.

Defendant appeals from the judgments of conviction.

[1] Certain inconsistencies in the testimony of witnesses for the People are urged as grounds for reversal of the case.

The trial court resolved these against the defendant. Defendant also argues that his testimony denying all of the evidence against him should have been believed by the court. This conflict likewise was resolved against him by the trier of fact.

A review of the record discloses substantial evidence to support the judgments. ( People v. Klinkenberg, 90 Cal.App.2d 608 [ 204 P.2d 47, 613]; People v. Warnick, 86 Cal.App.2d 900 [ 195 P.2d 552]; People v. Lindley, 26 Cal.2d 780, 791 [ 161 P.2d 227]; People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778]; People v. Hills, 30 Cal.2d 694, 701 [ 185 P.2d 11]; People v. Smith, 35 Cal.App.2d 73, 76 [ 94 P.2d 633].)

The judgments are, and each of them is, affirmed. The purported appeals from the sentences are dismissed.

White, P.J., and Doran, J., concurred.


Summaries of

People v. Williams

Court of Appeal of California, Second District, Division One
Apr 21, 1949
91 Cal.App.2d 380 (Cal. Ct. App. 1949)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE, Respondent, v. ERNEST ARTHUR WILLIAMS et al., Defendants…

Court:Court of Appeal of California, Second District, Division One

Date published: Apr 21, 1949

Citations

91 Cal.App.2d 380 (Cal. Ct. App. 1949)
204 P.2d 958