Geeter

In an information filed by the District Attorney of Los Angeles County, defendant was charged with two counts of robbery in violation of Penal Code section 211. The information also charged a prior felony conviction. Defendant pleaded not guilty and denied the prior conviction. Subsequently, out of the presence of the jury, defendant admitted the prior conviction. The jury returned a verdict of guilty to each count and fixed the degree of the crime to be robbery in the first degree. Defendant’s motion for a new trial was denied. Probation was denied and defendant was sentenced on each count to the state prison for the term prescribed by law, the sentences to run concurrently. Defendant appeals from the judgment of conviction.

The evidence reveals that Anne Hamilton (one of the robbery victims), operated a café in the City of Los Angeles. On February 3, 1962, she was seated with some of her customers at one of the tables in the café discussing plans for a party to be given that night at her apartment. She wrote down the address of the apartment for two of these customers. Throughout this conversation defendant and another person were sitting at another table, approximately 4 or 5…