Norris

Appellant Joseph Harris Norris and Billy Harrison Walker were jointly charged in two counts with the robbery (in Count I), and the murder (in Count II), of Leopold Zoilman. The robbery count alleged defendants were armed with a deadly weapon, a pistol.

Motions by defendant Norris for severance of trial and for change of - venue were denied. Defendants entered pleas of not guilty. In a jury trial, defendants were found guilty as charged. The degree of crime was specified as the - first degree as to each count. The charge in Count I of being armed was found to be true as to codefendant Walker, and not true as to defendant Norris. As to Count II (murder), the jury fixed the punishment at life imprisonment for both defendants. No sentence was imposed on the robbery count (Count I). Probation and motions for new trial were denied. Norris (termed defendant) appeals from the judgment.

The facts are as follows: The victim, Leopold Zoilman, operated a bicycle shop. Mrs. Adela O’Sejo lived in a second floor apartment, almost directly across the street from the bicycle shop. Nearly every day for approximately one month prior to November 3, 1961 (the date of the commission of the crimes),…