People v. Gonzales

The defendants were charged with an attempt to commit robbery. Defendant Gonzales was convicted and appeals from the judgment and from an order of the trial court denying his motion for a new trial. .

It is contended that the evidence was insufficient to support the- verdict in that there was no showing of an attempt to rob. It is said that the defendants frightened the complaining witness, who was the keeper of a grocery store, but that the evidence shows nothing further. This claim is -based upon a palpable misconception of the effect of the testimony. Appellant and one of his codefendants, according to the testimony of the complaining witness, appeared at the store one evening as the witness was about to close the place for the night. One of the defendants asked the proprietor of the store if he had any cookies. The proprietor was about to serve his apparent customers when, as he says, appellant “came in between the counter and cookie case and he says, *1 Stick them up,’ and got a gun about that long; he stuck him right again me. . . . Well, no use to argue with them, this fellow and another fellow, I got here when they came, grabbed me by the throat and the other fellow stuck…