People v. Mullen

Defendant was convicted upon a charge of robbery. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The evidence shows without dispute that the prosecuting witness, one Scobie, was walking along the sidewalk of a well-lighted street in the evening, when a man stepped from his concealment behind a palm near the sidewalk and asked Scobie for a match. He replied that he had none. Thereupon the lately concealed man leveled a “gun” at Scobie and commanded him to “stick them up.” The latter raised his hands above his head, but at the…