White

People v. White

Good Law
174 Cal. App. 2d 278·1959 Cal. App. LEXIS 1698·344 P.2d 413
Court of Appeal of CaliforniaOctober 7, 1959Crim. No. 3506California511 words

Opinion

Lead Opinion

Dooling, J.

Appellant and four other defendants were charged with the robbery of one Robinson. Appellant and three of the other defendants were convicted by a jury of robbery of the first degree. The evidence would support a finding that while Robinson, appellant, and two other defendants were riding with others in an automobile the ear was stopped opposite two men who were standing in the street, that these two men approached the car, and one of them (who was convicted by the jury) exhibited a knife and indicated to Robinson the intention to rob him. Robinson resisted and during a struggle appellant grabbed Robinson around the waist and “they” took his wallet containing $130 from his pocket. The wallet was found later in appellant’s home. The money was never accounted for. Appellant testified at the trial that he was so intoxicated that he had no recollection of what occurred at the time of the'robbery. We are satisfied that the evidence is sufficient to support the appellant’s conviction. However the trial court instructed the jury, after advising them that robbery which is perpetrated by a person armed with a deadly or dangerous weapon is robbery of the first degree:

The first instruction…

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