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PEOPLE v. SMITH

Docket No. 4352.

223 Cal.App.2d 431 (1963)

36 Cal. Rptr. 165

THE PEOPLE, Plaintiff and Respondent, v. JOHN H. SMITH, Defendant and Appellant.

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

December 17, 1963.

Attorney(s) appearing for the Case

John H. Smith, in pro. per., and C.H. Collier, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Michael R. Marron, Deputy Attorneys General, for Plaintiff and Respondent.

DEVINE, J.

Appellant, having been convicted of robbery, makes several points which can be considered briefly with whatever statement of facts is required under the separate points, and without recitation of the long story related by the witnesses. Appellant's contentions and our decisions are:

[1] 1. That the information did not state that the robbery was committed with a deadly weapon, but the verdict was of first degree. The information was...

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