People v. Hearn

While perpetrating a robbery at a Perndale gasoline station defendant Hearn beat, stabbed and mortally wounded the station attendant. A jury found defendant, and 3 others who partici pated in the robbery, guilty of first-degree murder. This is defendant Hearn’s separate appeal, and the other defendants are not appealing.

The information contained one count, alleging that defendant feloniously, wilfully and with malice aforethought did kill and murder one Alfred Jones (the gasoline station attendant). Only one question is presented in this appeal: “Did not the court err in refusing to charge as…