People v. Gardner

Prom a judgment of guilty of robbery in the first degree, after trial before a jury, defendants appeal. There are also appeals from the orders denying their motions for new trials.

Facts-. On August 21, 1952, at about 8:30 a. m., Mr. Cano, a truck driver for the Cudahy Packing Company, was seated on a box outside the back door of the Beach Grocery Company, located at 3104 Glendale Boulevard, Los Angeles. He noticed defendants walking down the alley toward him. When they got close to him, defendant Kostal told Mr. Cano that they were “taking over,” that it was a “stick-up.” He put a gun in Mr.…