People v. Stamp,

2 Cal.App.3d 203, 82 Cal.Rptr. 598 (1969)

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Nature of the Case

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Facts

Defendants Koory and D, armed with a gun and a blackjack, entered the rear of the building housing the offices of General Amusement Company, ordered the employees they found there to go to the front of the premises, where the two secretaries were working. D, the one with the gun, then went into the office of Carl Honeyman, the owner, and manager. Honeyman, looking very frightened and pale, emerged from the office in a 'kind of hurry.' He was propelled by D who had hold of him by an elbow. The victims were required to lie down on the floor while the robbers took the money and fled out the back door. As the robbers, who had been on the premises 10 to 15 minutes, were leaving, they told the victims to remain on the floor for five minutes so that no one would 'get hurt.' Honeyman, who had been lying next to the counter, had to use it to steady himself in getting up off the floor. Still pale, he was short of breath, sucking air, and pounding and rubbing his chest. He said he was having trouble 'keeping the pounding down inside' and that his heart was 'pumping too fast for him.' A few minutes later, although still looking very upset, shaking, wiping his forehead and rubbing his chest, he was able to walk in a steady manner into an employee's office. When the police arrived, he told them he was not feeling very well and that he had a pain in his chest. About two minutes later, which was 15 or 20 minutes after the robbery had occurred, he collapsed on the floor. At 11:25 he was pronounced dead on arrival at the hospital. The coroner's report listed the immediate cause of death as heart attack. Honeyman was an obese, 60-year-old man, with a history of heart disease, who was under a great deal of pressure due to the intensely competitive nature of his business. Additionally, he did not take good care of his heart. Three doctors testified that although Honeyman had an advanced case of atherosclerosis, a progressive and ultimately fatal disease, there must have been some immediate upset to his system which precipitated the attack. The determined but for the robbery, there would have been no fatal seizure at that time. Ds were found guilty of robbery and murder, both in the first degree. Ds appealed.