Keesee

Defendant and appellant Willie Keesee and one McLeod were jointly charged and convicted of robbing-one Walter Raymond of $1.26. Keesee alone has appealed. Trial was to a jury.

The facts of the case may be briefly summarized as follows: On October 20, 1965, at 9:30 p.m. Raymond was standing- in front of a hotel on Wall Street. He was talking to some people. Keesee and McLeod approached the group. Keesee started to strike him with a chain, demanded and received his wallet.

McLeod’s conduct in the matter was peripheral. Raymond said that McLeod “just pushed” and said “shut up.” McLeod left with Keesee.

Both defendants were arrested soon afterwards. The chain was found nearby.

Keesee’s defense was that Raymond swung at him and he merely swung back. He did not hit Raymond, who ran away. He denied having been in possession of a chain. He took nothing from Raymond.

Two other witnesses, Moore and Landry, corroborated Raymond. The People’s case was somewhat weakened by the quality of the three eyewitnesses: both Raymond and Moore had been drinking before the incident in question. Landry, according to a police witness, was drunk at the time. Landry also contradicted the others in some…