People v. Smith

Appellants appeal from judgments of conviction, after jury trial, of robbery in the first degree in violation of Penal Code sections 211 and 211a. Section 211 provides: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Section 211a provides in part: “All robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon, ... is robbery in the first degree. All other kinds of robbery are of the second degree.”

Since both…