Wilson
People v. Wilson
Opinion
Lead Opinion
Fourt, J.
This is an appeal from a judgment of conviction of robbery. (§ 211, Pen. Code.)
; In an. information filed in Los Angeles on November 30, 1967, Gerald Dean Wilson and Harold Goodwin were charged with taking feloniously and by means of force, certain personal property from Alfred Knuth on November 15, 1967. Each of the defendants pleaded not guilty and it was stipulated that the cause be submitted upon the testimony and the exhibits received at the preliminary hearing. Each defendant was found to be guilty as charged and the robbery was found to be of the first degree. Wilson was sentenced to the state prison and a timely notice of appeal was filed.
A résumé of some of the facts is as follows: Alfred Knuth on November 15, 1967, was tending bar at “Sid’s Well” in Monterey Park. Defendants were in the bar from about 11:30 p.m. until closing time at 2 a.m. Knuth served some drinks during this period to defendants. At one time during such period Knuth overheard Goodwin say to appellant, “Keep it in 3'uur pocket.” At about 2:05a.m. appellant took a gun from his pocket and handed it to Goodwin. Goodwin then stated to Knuth, “This is it.” and appellant walked behind the bar and took…