Cook

A jury found defendant guilty of attempted robbery, first degree (§ 664, Pen. Code); he appeals from the judgment.

Around 8 p.m. on December 17, 1966, Gilbert Murray, manager, Ralph’s Grocery, saw Isaac Green enter the store. A few minutes later he was called from his office by Yoshia Sakamoto, a cashier, to the cheekstand booth for customer service; she told him that a man (Marshand) wanted to see him. Murray talked to Marshand, turned around and saw Green who had come up behind him carrying a chrome “Western-type” long gun. Green pressed the gun against Murray’s back and said, “All right. All right. All right.”; as Murray started to raise his hands Green said, “Don’t put your hands up”; Marshand repeated it. Murray began to lower his arms and Green fired a shot into his back; Murray asked Green, “Why did you shoot me ? ’ ’ Green did not reply but ran to the booth, stuck his gun in and said, “I want money, lady. I want some money, money. I want some money.” Mrs. White, a checker in her cheekstand about 12 to 15 feet away, had heard loud talking and arguing; she looked up and saw the manager and two men, one of whom was Green; a few minutes later she heard a shot, looked up again…