People v. Henderson

After two jury trials defendant was found guilty of attempted robbery, assault by means of force likely to produce great bodily injury, burglary, receiving stolen property and obliteration of identification of a firearm, a violation of section 12090 of the Penal Code. Sentenced to prison, he appeals.

Facts

At 8 p.m. on March 23, 1979, defendant staged a remarkably unsuccessful robbery at a home where Doctor Richard Young was doing carpentry work at the time. Doctor Young stunned defendant with his hammer, took possession of a revolver with which defendant had threatened him and called the police.

Two officers arrived, arrested defendant and seized the revolver. It was loaded and additional rounds of ammunition were found on defendant’s person.

The revolver had been stolen by an unidentified burglar from the home of one Robert Polhamus 11 days earlier, at which time it had a serial number on the butt end. When taken from defendant, the serial number had been obliterated. Polhamus was, however, able to identify the revolver by a nick on the handle.

The defense was that on May 23 defendant had called at the home in question thinking that it was for rent. He got into an…