Reed

Defendant Ike Reed (whose true name is Isaiah Reed) was found guilty of robbery in the first degree, and he appeals from the judgment of conviction.

The victim of the robbery, Lucy Mae Cunningham, was walking to her home in the City of Brawley at approximately 8 :45 p. m. on January 20, 1962, when she heard a noise behind her and felt a rope around her neck. The person behind her took hold of her right arm and started pushing her across the road. Her assailant said that if she screamed she would be killed. He also asked Mrs. Cunningham where she had been and she told him that she had been visiting some friends in their home.

Mrs. Cunningham recognized the voice of her assailant as that of defendant Reed, whom she had known for about two months. She had seen Reed earlier that day when her husband paid a debt he had owed to Reed. Mrs. Cunningham said, “Ike Reed” aloud and defendant answered, “Yes.” She said, “I thought you were a friend of ours” and defendant replied, “Well, you don’t know me very well.”

Defendant asked Mrs. Cunningham if she had any money and she offered to give him four dollars which she had with her. He told her to give him the money and she did so. During…