King
People v. King
Opinion
Lead Opinion
Lillie, J.
Defendant, Jones and Armstrong were charged with kidnaping for purposes of robbery (§ 209, Pen. Code) and robbery (§ 211, Pen. Code). Defendant was charged with a prior felony conviction (manslaughter) which he admitted. The kidnaping charge was stricken on motion of the People. A jury found defendant and Jones guilty of robbery, second degree; it acquitted Armstrong. Defendant appeals from the judgment.
After his discharge from the hospital on April 19, 1965, George Fulcher started drinking wine; toward evening he went to a recreation center next to a pool hall on 41st Street. Around 9 p.m. he wanted to leave but had no transportation; someone suggested that a man in a car parked in front of the pool hall would take him. Fulcher went up to Armstrong, the driver, and offered him a couple of dollars for a ride to a certain address. J ones and a woman were in the car but when Fulcher entered the woman left. Fulcher sat in the back seat with defendant. After four or five blocks one of them asked *549 Fulcher if he would participate in buying some liquor, then Armstrong drove the ear up a dark alley and stopped. The next thing Fulcher knew he was being attacked by the three men. One…