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PEOPLE v. SMITH

Docket No. 287.

253 Cal.App.2d 299 (1967)

61 Cal. Rptr. 457

THE PEOPLE, Plaintiff and Respondent, v. ISAIAH SMITH, JR., et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

August 7, 1967.

Attorney(s) appearing for the Case

James Raymond Dilling and Tom Okawara, under appointments by the Court of Appeal, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Craig G. McIntosh, Deputy Attorney General, for Plaintiff and Respondent.

GARGANO, J.

Appellants appeal from judgments of conviction, after jury trial, of robbery in the first degree in violation of Penal Code sections 211 and 211a. Section 211 provides: "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." Section 211a provides in part: "All robbery which is perpetrated by torture or by a person being armed...

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