People v. Smith

Defendant Thomas Wayne Smith appeals from a judgment sentencing him to the state penitentiary on two first degree robberies (counts I and II) and one second degree robbery (count IV) in violation of sections 211 and 211a of the Penal Code. The judgment further recites that ‘1 defendant was armed as alleged” at the time of the first degree robberies and that the ‘ ‘ Sentences as to Counts 1. 2 and 4 are ordered to run consecutively. ’ ’

Count I of the information charged Smith and his codefendant Larry Edward Monfort with having robbed Vinson Sehendel on or about March 15, 1966. and further alleged that defendants were armed with a deadly weapon, to wit, a .82 caliber automatic pistol m committing the offense.

Count II charged Smith and Monfort with having robbed Vinson Sehendel on or about March 29, 1966, and with being armed with a deadly weapon, to wit, a .32 caliber automatic pistol on the occasion of this offense.

Count III charged Monfort alone with an armed robbery on or about March 25, 1966, of one Robert S. Pink and being armed with a deadly weapon on that occasion.

Count IV charged defendant Smith alone with having robbed Clara [sic] Schafer on or about March 14,…