People v. Marshall

Defendant pleaded not guilty to a charge alleged in the information in the following terms: “Robbery, in violation of section 211, Penal Code, . . . committed as follows: That [defendant] . . . did willfully, unlawfully, feloniously and forcibly take from the person and immediate presence of Jack J. Martens . . . Seventy Dollars . . . and an automobile . . .” Jury trial was waived. After trial, the court found defendant guilty of “Violation of 503 Vehicle Code, a felony, a lesser but necessarily included offense, ’ ’ and sentenced defendant to serve nine months in the county jail. Defendant…