People v. Johnson

Opinion

FRIEDMAN, Acting P. J.

Three men held up a liquor store in Stockton. In the course of the robbery Mr. Nemie, the proprietor, was fatally shot and Linda Osborne, a customer, wounded. Defendants Johnson, Kelly and Maynard were tried by a jury. Johnson and Kelly were found guilty of Nemie’s murder; of robbing Nemie and John Reyes, the liquor store clerk; of assault with a deadly weapon upon Miss Osborne. Maynard was acquitted. Johnson and Kelly appeal from the judgments.

According to the prosecution evidence, three men entered the store. Reyes was in front tending the store, and Nemie was…