PEOPLE v. KELLY

Docket No. 2915.

168 Cal.App.2d 387 (1959)

335 P.2d 955

THE PEOPLE, Respondent, v. RODELL KELLY, Appellant.

Court of Appeals of California, Third District.

March 5, 1959.


Attorney(s) appearing for the Case

Walter D. Cook, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Doris H. Maier and Lloyd Hinkelman, Deputy Attorneys General, for Respondent.


VAN DYKE, P.J.

After trial by the court without a jury appellant was found guilty of robbery in the first degree.

On the evening of April 29, 1958, three people were in a restaurant in Sacramento County. They were Mrs. Del Monico, who was the cook and a coowner of the restaurant, Scharleene Spencer, a waitress, and Fred T. Young, a customer. Appellant was charged separately with robbing the three. At the conclusion of the trial and on motion of the district...

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