People v. McChesney

An appeal from a judgment of conviction upon one of two counts, and from the order denying defendant’s motion for a new trial, upon a charge of robbery al leged to have been committed by defendant while armed with a deadly weapon. Defendant was acquitted upon the first count; upon the second, he was sentenced as an habitual criminal.

The facts relative to this second count are as follows: On December 15, 1938, at approximately twenty minutes past seven in the evening, complainant, who conducted a small market, was setting or installing the sliding doors in front of his establishment,…