PEOPLE v. GILBERT

Docket No. 3990.

214 Cal.App.2d 566 (1963)

29 Cal. Rptr. 640

THE PEOPLE, Plaintiff and Respondent, v. GEORGE GILBERT, Defendant and Appellant.

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

March 28, 1963.


Attorney(s) appearing for the Case

John J. Dunn, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, John S. McInerny, John F. Foran and Derald E. Granberg, Deputy Attorneys General, for Plaintiff and Respondent.


DRAPER, P.J.

Defendant loitered in an Oakland market at closing time. When one customer opened the door to leave, one Swift entered. He drew a pistol and approached the counter. Defendant drew his gun and ordered employees and customers to a room at the rear. As Swift reached the counter, he began to beat the owner, one Eng, over the head with his gun, saying "You're the man I wanted, ... get in the back." Eng sought to ward off the blows to his head with one arm...

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