People v. Erb

Defendant was found guilty by a jury of attempted armed robbery. MCLA 750.92; MSA 28.287, MCLA 750.529; MSA 28.797. He appeals as of right.

The alleged offense occurred in a party store owned by one Smith. Defendant arrived in a taxi, and told the driver to wait for him while he went into the party store. Approximately three or four minutes after entering, defendant approached Smith and announced, "This is a holdup”. Smith noted that the defendant had his right hand in his pocket, suggesting that he had a gun in his pocket. When defendant approached Smith, he pushed a store employee named…