People v. White

From a judgment of guilty after trial before a jury of (1) burglary of the first degree, (2) attempted robbery, and (3) assault with a deadly weapon, defendant appeals.

Facts: On February 23, 1952, defendant entered a ladies ready-to-wear apparel store owned by Mr. Cohen at about 8:35 a. m., and confronted Mr. Cohen, pointing a gun at him and saying, “Give me your money.” When Mr. Cohen stated that he had no money and he had just come into the store to clean it, defendant reiterated his demand and upon the second denial by Mr. Cohen that he had any funds, defendant hit him over the head with…