Newton

On October 23, 1972, a man carrying a .32 automatic pistol and wearing a knit stocking ski cap pulled down over his face entered the Bottle n-Cork Liquor Store in Modesto, California; he approached James Hertzell, an employee at the store, and said, “Shh, I know there’s somebody in the back.” Then, the gunman ordered the employee to hand over the money in the cash register and his wallet; the wallet was embossed with a distinctive red maple leaf and contained Hertzell’s driver’s license, his Master Charge card and miscellaneous papers.

On the following day, appellant and a woman, later identified as Roberta Pack, approached the check stand of the Oakdale Superette in Oakdale, California; the couple had some groceries, and appellant handed Thomas Phillips, the manager, a Master Charge card in the name of “James E. Hertzell,” and offered to use it to pay for the groceries. The manager asked appellant for identification, and appellant produced a Social Security card in Hertzell’s name. Phillips indicated that the identification was insufficient, and appellant replied, “The card’s good, you can call on it if you like.” Phillips walked to the back of the store and called the…