People v. Kelly

After trial by the court without a jury appellant was found guilty of robbery in the first degree.

On the evening of April 29, 1958, three people were in a restaurant in Sacramento County. They were Mrs. Del Monieo, who was the cook and a coowner of the restaurant, Scharleene Spencer, a waitress, and Fred T. Young, a customer. Appellant was charged separately with robbing the three. At the conclusion of the trial and on motion of the district attorney, the trial court dismissed the counts charging robbery of the waitress and the customer. The court found appellant guilty of robbing Mrs. Del…