People v. James

Defendant appeals. from, a. judgment rendered on a jury verdict finding him guilty of. robbery in the second degree (Pen. Code, § 211). . The. contentions on appeal are that: (1) the evidence is insufficient .to .support the judgment; (2) the trial court'erroneously admitted testimony-of an incompetent witness; and (3) the prosecution was guilty of prejudicial misconduct.

The robbery occurred about 8:15 p.m. on March 26, 1962, at Weatherby’s Seafood Restaurant in Eureka, after the restaurant had closed for the day. The owner, May Frank, was in the kitchen with her cook, Gladys Harrell, and a…