People v. Modina

Defendant was convicted of robbery, and this appeal is from the judgment and the order denying his motion for a new trial.

The information charged the crime of robbery by means of force and fear. As defined by the Penal Code (sec. 211), 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.’’ And section 212, following, specifies what may constitute fear as an element in robbery. The court instructed the jury relative to what constitutes robbery, by reading to them…