People v. Smith

Appellant, having been convicted of robbery, makes several points which can be considered briefly with whatever statement of facts is required under the separate points, and without recitation of the long story related by the witnesses. Appellant’s contentions and our decisions are:

1. That the information did not state that the robbery was committed with a deadly weapon, but the verdict was of first degree. The information was sufficient and it was for the jury to determine the degree. (People v. Kent, 90 Cal.App.2d 77 [202 P.2d 376].)

2. That the evidence is insufficient to show use of a…