White
People v. White
Opinion
Opinion
Lillie, J.
Appellant Green and defendants White, Williams and Morland were convicted by a jury on two counts of first degree robbery, in that on August 28, 1959, armed with a double-barrel shotgun and a .38 caliber revolver, they robbed Albert Murray of $250 (Count I) and Alva L. Foster of $47 (Count II). Only Green appeals from the judgment. He contends that he was convicted by perjured testimony then known to be such by the prosecution ■ that he did not participate in the robberies and the evidence is insufficient to sustain a conviction ; and that there was no proof of the corpus delicti prior to the introduction of his confession.
The uncontradicted testimony of those present discloses that the crimes were committed as charged in the information. Around 1:30 a. m. on August 28, 1959, Albert Murray, its owner and operator, Alva Lee Foster, a customer, and Mrs. Martin, a barmaid, were in the Blue Goose, a beer parlor, when defendants White, Williams and Morland entered the premises. White walked behind the bar and put a sawed-off shotgun in Murray’s side saying, “Take it easy, nobody will be hurt” ; he then reached into Murray’s pockets and removed a wallet and about $100 in bills.…