People v. Orndorff

261 Cal.App.2d 212 (1968)

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Nature of the Case

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Facts

The victim testified that he was accosted on the street by a Negro sailor who asked him concerning a hotel. The sailor displayed a roll of bills and told the victim that he had been given them by the ship's captain as the proceeds of insurance on the life of his brother. The victim advised the sailor to put the money in the bank, but the sailor demurred and said if a Negro put money in the bank, they would not let him take it out. At this point in time, D appeared and walked by the two men and was accosted by the victim who asked D to help straighten out the sailor. After a conversation, the three men drove to the victim's home to procure his bank book so that he could prove to the sailor that he could safely make a deposit. They drove to the victim's bank, and the sailor remained in the car. D and the victim then walked to the bank, but before reaching it, D stopped and told the victim to go into the bank alone as D wanted to watch the sailor. The victim went to the bank and met his wife, and they talked to the manager and left the bank to find D and the sailor, but they and D's car had disappeared. Police then went to D's home and advised him of his constitutional rights, secured permission to search the apartment, discovered a roll of play money and arrested D. D admitted his participation in the affair but claimed that he recognized the Jamaica Switch and did not want to get involved because he was on parole and dropped out of the proceedings as he and the victim approached the bank. The prosecution claimed that D and the sailor attempted to practice the Switch on the victim but were prevented from success. D was convicted and appealed.