People v. Benjamin

Opinion

MOLINARI, P. J.

Defendant appeals from a judgment of conviction, following a jury trial, of robbery in the second degree (Pen. Code, § 211). The chief contention on appeal is that the trial court improperly admitted the preliminary hearing testimony of one Arlgene Guthrie, who was not-present at trial, which testimony was the only evidence connecting defendant to the crime and relied upon for conviction. Additional error is-attributed to the trial court’s manner of instructing the jury how a deter mination of guilt beyond a reasonable doubt should be made and for certain comments…