Stadnick

People v. Stadnick

Good Law
1962 Cal. App. LEXIS 1966·207 Cal. App. 2d 775·25 Cal. Rptr. 35
Court of Appeal of CaliforniaSeptember 24, 1962Crim. No. 7376California1,473 words

Opinion

Lead Opinion

Herndon, J.

This is an appeal by Edward Frank Stadniclc from a judgment of conviction of first degree robbery (Pen. Code, §211), following a jury trial. Appellant was found to have been armed at the time of the offense and to have suffered two prior felony convictions. The first assignment of error is to the effect that “the basic case against appellant was unconvincing.” We shall assume that by this assertion appellant challenges the sufficiency of the evidence to support the verdict of the jury. An examination of the record discloses that the evidence supporting the jury’s verdict is overwhelming.

A Mr. Townsend was an assistant manager of the Stater Brothers Market in Pomona on the evening of December 30, 1959. At approximately 8:30 p. m., after Mr. Townsend had removed the money from each of five registers, appellant approached him and handed him a note which stated that he was being held up and that two people were involved in the *777 holdup. Appellant showed the victim a gun which appeared to be a German P-38, a weapon which Mr. Townsend had carried as a side arm in World War II. At appellant’s direction Townsend accompanied him to the office area where he took possession of some…

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