PEOPLE v. HOOD

Docket No. 3463.

160 Cal.App.2d 121 (1958)

324 P.2d 656

THE PEOPLE, Respondent, v. LEROY HOOD, Appellant.

Court of Appeals of California, First District, Division Two.

May 6, 1958.


Attorney(s) appearing for the Case

Edward T. Mancuso, Public Defender (San Francisco), for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and Jack Urch, Deputy District Attorney, for Respondent.


DRAPER, J.

Defendant waived jury trial, and was found guilty of robbery by the court, which also found that the robbery was of the first degree. Defendant appeals, asserting error only in the fixing of the degree. He contends that the evidence is insufficient to show that he was armed with a "dangerous or deadly weapon" (Pen. Code, § 211a).

Defendant entered a liquor store. Holding his right hand in his pocket to simulate a gun, he ordered the operator...

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