People v. Hernandez

This appeal involves three of five defendants who were tried together. The other two have separately appealed, on varying grounds and with separate counsel and briefs. The factual background is the same in all three appeals.

On the night of August 20, 1949, the complaining witness, who was 56 years old and a grandmother, was driving on a paved road near San Bernardino when her car stalled. As she was walking toward her home, carrying her purse, the defendants came along in an old car and stopped. She became alarmed and started to run. Some of the defendants ran after her and dragged her into…