George

People v. George

Good Law
1968 Cal. App. LEXIS 1986·259 Cal. App. 2d 424·66 Cal. Rptr. 442
Court of Appeal of CaliforniaFebruary 26, 1968Crim. 5380California3,372 words

Opinion

Opinion

Taylor, J.

Defendant, John George, appeals from a judgment rendered on a jury verdict finding him and his codefendant Forester guilty of first degree robbery (Pen. Code, § 211) and the lesser-included offense of assault with a deadly weapon (Pen. Code, §245, subd. (a)). He contends that: the evidence is insufficient to support the judgment; the court erroneously directed a verdict of guilty; the conflict of interest between him and his codefendant prevented the public defender from providing him with effective representation ; and he was not informed of his right to separate counsel.

Viewing the record most strongly in favor of the judgment, as we must in assessing the sufficiency of the evidence, the facts Eire as follows: about 3 :45 p.m. on May 20, 1965, Mr. Kerwin, who lived at 615 Second Avenue, three doors south of the intersection of Second Avenue and Balboa Streets, in San Francisco, looked out of his front window and observed the activities of two men on the south side of Second Avenue. While conversing, the men walked toward the grocery store on the southeast corner of the intersection. Just before they reached the store, they stopped and one man (subsequently identified as…

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