People v. Newton

Opinion

GARGANO, J.

On October 23, 1972, a man carrying a .32 automatic pistol and wearing a knit stocking ski cap pulled down over his face entered the Bottle n-Cork Liquor Store in Modesto, California; he approached James Hertzell, an employee at the store, and said, “Shh, I know there’s somebody in the back.” Then, the gunman ordered the employee to hand over the money in the cash register and his wallet; the wallet was embossed with a distinctive red maple leaf and contained Hertzell’s driver’s license, his Master Charge card and miscellaneous papers.

On the following day, appellant and a…