Curry

People v. Curry

Good Law
1967 Cal. App. LEXIS 2142·250 Cal. App. 2d 592·58 Cal. Rptr. 720
Court of Appeal of CaliforniaMay 1, 1967Crim. No. 12903California889 words

Opinion

Lead Opinion

Lillie, J.

Defendant, arraigned under the names of Ala Lalabad Alalakahn Zodiac XV and Zoraster, was convicted by a jury of first degree robbery (Pen. Code, § 211 [count I]) and two counts of kidnaping for the purpose of robbery (Pen. Code, § 209 [counts II, III]); the jury also found that at the *593 time he had been armed with a deadly weapon, a pistol. He appeals from the judgment.

On June 11, 1965, around 2 p.m., in the Shop Rite Market, defendant walked up to Dallas Evans, assistant manager, who was working in the vegetable section, and asked if he would okay a check. As Evans reached for it he found that defendant had a gun in his hand pointed at him; defendant told him, “You know what I want? I have got you tuned in. So don’t try your long key (used to turn on a burglar alarm).” Warning Evans not to start anything, defendant said, “Let’s go”; as they prepared to walk to the office, Mr. Lott, general manager stopped and asked Evans what was happening. Upon discovering that Lott was the manager, defendant raised the gun at him and said, “You come and go, too.” Defendant walked the two men to the office of the market, 45 or 50 feet from the place defendant first pointed the gun at…

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