People v. Jackson

This is an appeal by defendant Al Lee Jackson from a conviction of attempted robbery and three prior convictions of felony, The evidence, substantially without conflict, shows that the defendant entered the second-hand clothing store operated by Takako Yoshioka in Oakland, that defendant approached Mrs. Yoshioka and inquired whether she had shells for “32” guns; that she replied that she did not sell ammunition for any firearms and that she never had and never would; that defendant then asked “Well, what’s the matter, don’t you like guns?” and she stated she did not, whereupon defendant looked at some jackets, tried on one or two, and left the store.

Approximately five minutes later, defendant returned and walked to the rear of the store where Mrs. Yoshioka was talking on the telephone. The defendant pointed a gun at her and said, “This is it.” She then hung up the telephone and attempted to grab the gun. The defendant avoided her grasp and said, “Be careful, it’s loaded.” With the defendant’s gun pointed at her, Mrs. Yoshioka then attempted to escape by the back door of the store, but the defendant ordered her not to go out the door. She then grabbed the telephone and, in spite…