People v. McNeal

Opinion

SCOTT, J.

Appellants Russell McNeal and Nathan Nix were convicted, after trial by jury, of violation of Penal Code section 211 (robbery), and violation of Penal Code section 459 (burglary). Appellant Nix also was found to have used a firearm in the commission of the robbery and the burglary. Appellant McNeal was also found to be in violation of his probation for a previous violation of Penal Code sections 236 (false imprisonment), 221 (assault with intent to commit a felony), and 594 (vandalism).

In the early morning hours of April 25, 1977, the victim, Allen Fawkes, was awakened in his…