Kerns
People v. Kerns
Opinion
Lead Opinion
Draper, J.
A jury found defendant guilty of kidnapping for purposes of robbery and of two counts of armed robbery. He appeals from order denying new trial and from the judgment.
A tall man and a man wearing a patch over one eye entered the Belmont Casino at about 1:50 a. m. The man wearing the eye-patch displayed a gun and announced "This is a holdup. ’ ’ The two bound Hammons, the bartender, and a visitor, Miss Gallagher. The robbers took a wallet containing $14 from Hammons. They obtained some $200 from the change drawer, and found from Davis, the manager, that the remainder of the money was in a locked safe. Davis did not have the combination, but said that a eoowner, Mrs. Cook, did have it. Hammons and Miss Gallagher were left under control of the tall robber, who was armed. The eye-patched robber compelled Davis, at gunpoint, to drive to Mrs. Cook’s residence. She was not at home, but the robber talked to her roommate, Miss Salvino. At the robber’s direction, and after being warned that the hostages would be harmed if she notified the police, Miss Salvino agreed to telephone Mrs. Cook and have the latter telephone the Casino. The robber returned Davis to the casino, where the two…