People v. Payne

Opinion

LILLIE, J.

An information charged defendant with robbery (Pen. Code, § 211) and alleged that he was armed with a deadly weapon, an automatic gun, at the time of the commission of the offense and with a concealed deadly weapon (automatic gun) at the time of arrest. He was found guilty of first degree robbery and not to be armed at the time of the commission of the offense but armed at the time of arrest. He appeals from the judgment.

Around noon on September 12, 1967, a salesgirl at Hartfield’s store brought defendant to Billy Luck, credit manager, to make a credit application. Luck gave…