People v. Johnson

Defendant was convicted by a recorder’s court jury of armed robbery. MCLA § 750.529 (Stat Ann 1970 Cum Supp § 28.797).

The lone identifying witness was a 14-year-old girl who regularly worked in her father’s grocery store. On the day in question there was a fire outside the store and the girl was left alone in the store to wait on the customers. Defendant, a frequent customer, came in to make a purchase. When the girl opened the cash register, defendant took a gun from his pocket and removed some $300 from the register.

Defendant appeals as of right claiming an error in the instructions and…