People v. Cluchey

VALLÉE, J.

Defendant was convicted, first, of having kidnaped Robert Spencer to commit robbery and of subjecting him to bodily harm (Pen. Code, § 209), and, second, of robbery (Pen. Code, § 211). He was sentenced to state prison without possibility of parole. He appeals from the judgment and an order denying a new trial.

On February 2, 1955, Spencer, a rent collector, emerged from a hotel in Los Angeles with $850 on his person. He got into his car. As he did so defendant got into the rear of the car. Defendant pulled a revolver and ordered Spencer to drive. As Spencer was driving defendant…