Birden
People v. Birden
Opinion
Lead Opinion
Kingsley, J.
*1023 Opinion
The defendant appeals his conviction for one count of murder (Pen. Code, § 187), two counts of attempted robbery (Pen. Code, §§ 211, 664) and one count of conspiracy to commit robbery (Pen. Code, §§ 182, 211). We affirm.
Facts
Over the Thanksgiving weekend in 1983, the defendant and two other individuals conspired to hold up a card game that they heard was taking place at an apartment in the Nickerson Gardens Housing Project. The apartment in question belonged to the murder victim, Elizabeth George, who was having her family over that weekend to celebrate the holidays. The defendant confessed to the police that he and another man were to approach the front door of the apartment while a third individual, Joe Page, went around to the back with a shotgun.
At about 7 that evening the defendants knocked on the door of the apartment which was answered by Beebe “James” Brewer, Elizabeth George’s boyfriend. Brewer testified that the defendants then either asked for someone or stated that this was a holdup. The defendant then pushed Brewer to the floor and held the door open.
Observing all this was Elizabeth George’s daughter-in-law, Diane Haughton. When Brewer was…