Burnett
People v. Burnett
Opinion
Lead Opinion
Wood, J.
Defendant was accused of the crimes of robbery (count 1) and of kidnaping for the purpose of robbery (count 2). Trial by jury was waived. Defendant was adjudged guilty on both counts. It was found that the rob *788 bery was of the first degree, and that the kidnaping was without bodily harm. Defendant’s motion for a new trial was denied. He appeals from the judgment.
Appellant asserts that the evidence was not sufficient to support the judgment.
Mr. Markland, a witness called by the People, testified in substance as follows: On March 19, 1958, about 4:25 a.m., while he was clerking in a hotel at 814 South Hope Street in Los Angeles, the defendant and another man came to the hotel counter, and the defendant asked if rooms were available. When Mr. Markland turned to get a key, the defendant put a pocket knife blade against Mr. Markland's stomach and told the other man “to get it.” Then, while the other man walked back of Markland, the defendant stood at the counter in front of Markland “with the knife just picking at” Mark-land’s shirt. Defendant asked the other man how much he got. The man replied in muffled voice, and Markland did not understand the statement. The defendant told…