People v. Smith

The defendant Charles Lee Smith appeals from a judgment of conviction for the crime of robbery of the second degree.

A summary of the evidence is as follows: Shortly after midnight on February 8, 1963, Gary Shadel, part owner of the Yosemite Liquor Store in Madera was working on his books in the back room of the shop. When he heard the door of the establishment open, he came forward to the sales room and stepped behind the cash register; three men, whom he later identified as John Monroe, Ralph Malone, and Charles Lee Smith, had walked into the store; defendant Smith remained near the front door while Monroe and Malone approached the point where Mr. Shadel was standing. Monroe said that he wanted some wine; Shadel helped Monroe find the wine and returned to the cash register when he noticed that Malone was holding a “sawed off” shotgun aimed at his head. Monroe demanded money.

After Monroe obtained approximately $106 and the coin tray from the cash register, he and defendant Smith walked out of the store with that property and the bottle of wine while Malone remained for a few minutes covering Shadel with the shotgun. After Malone left, Shadel called the police; while waiting…