Logan

As a consequence of activity on three different occasions Logan was convicted of first degree robbery (Pen. Code, §§ 211, 211a), attempted robbery (Pen. Code, §§ 211, 664), and four counts of assault with intent to murder (Pen. Code, § 217). From a sentence to consecutive terms on all counts, he has appealed.

1. Gerald Ferguson, a bar owner, was held up by Logan and two other men on December 30. Logan fired several shots at Ferguson, saying “I don’t care whether I have to shoot you or what, I’ve got five to life to go for this. ’ ’ Logan also fired at a beer salesman, wounding him, and fled in Ferguson’s ear with $7,000. The evidence amply supported Logan’s conviction for robbery.

2. The attempted-robbery count and one count of assault with intent to murder were based on the holdup on January 13 of Alexander Pimienta, a restaurant owner, who identified Logan as the man who came into the kitchen of his restaurant and said “This is a holdup.” When Pimienta laughed, Logan fired a shot into the concrete floor and demanded that Pimienta open the safe. The latter walked toward the dining room, and Logan then shot him in the upper leg and told him to crawl over and open the safe.…