People v. Stoner

Defendant’s conviction of robbery in the first degree (Pen. Code, §§ 211, 211a) was reversed by the United States Supreme Court on the ground that illegally seized evidence was admitted at his trial. (Stoner v. California, 376 U.S. 483 [11 L.Ed.2d 856, 84 S.Ct. 889].) Upon retrial, defendant was again convicted of robbery in the first degree. He appeals from the judgment.

At 8 p.m. on October 25, 1960, two men, one with a gun, entered the Budget Town Market in Monrovia and ordered David Greeley, a clerk at the checkout counter, to put the money from the cash register in a paper bag. They…