Bishop
People v. Bishop
Opinion
Lead Opinion
Lillie, J.
Defendant was convicted by the court of first degree robbery of a gasoline station. At the time of sentence, the trial judge found the weapon used to be a dangerous one and sentenced defendant to the state prison.
The sole issue on this appeal is whether the testimony of the victim is so inherently unbelievable or improbable as to render it insufficient to sustain the judgment of conviction.
According to the testimony of Harold Ray, an employee of the gasoline station and the complaining witness, the following events occurred during about five minutes, at approximately 8:45 p. m. on July 19, 1957. Ray was in the process of closing the station, which was still lighted, but was under his car fixing the stop lights when he heard someone say: ‘1 May I have the key to unlock the restroom ? ’ ’ Ray asked him if his lights were working and the person replied: “Yes, they *689 are sir.” He emerged from under the car and as he reached the restroom, the one with whom he had been speaking placed a gun in his backhand said: “All right, let’s go inside.” The washroom, about 4 feet square, was also lighted. Ray went in, turned around and faced a person wearing a brown suede jacket, dark pants…