Hill
People v. Hill
Opinion
Opinion
Caldecott, J.
Respondent Lloyd Henry Hill and four others were charged by amended indictment filed September 17, 1970 with the follow ing offenses: Count I: conspiracy to commit armed robbery (Pen. Code, § 182); count II: kidnaping of E. Marie Hemphill for purposes of robbery (Pen. Code, § 209); count III: kidnaping Grady Hemphill for the purposes of robbery (Pen. Code, § 209); counts IV, VI, VII: assault with intent to commit murder (Pen. Code, § 217); count V: robbery (Pen.' Code, § 211). Respondent was charged with a prior felony conviction.
Respondent entered a plea of not guilty.
The superior court dismissed counts II and III (kidnaping), and the People appeal from the order dismissing these counts.
On Friday, August 28, 1970, Mr. Grady Hemphill was seated in his automobile in the parking lot of a Lucky supermarket in Redwood City. Respondent Hill approached the car, exhibited a pistol in a holster, and ordered Mr. Hemphill out of the car. He directed Hemphill to march towards the store. Approximately half way between the car and the store they encountered Mrs. Hemphill who had been shopping. Mr. Hemphill said, “This fellow’s robbing us. He has our car keys.” Mrs. Hemphill…