People v. O'Keefe

Defendant and appellant Patrick O’Keefe and defendants O’Neil and Roberts were charged with the crime of robbery of one James Howe of a wrist watch and $2.00 in cash by force and fear on March 25, 1955, in violation of section 211 of the Penal Code. Defendant O’Neil pleaded guilty. A jury trial resulted in a conviction of the appellant and defendant Roberts of robbery, second degree. Defendant O’Keefe appealed and alleged insufficiency of the evidence and failure of the court to instruct the jury on its own motion in reference to his claimed defense.

About 2:30 p.m. on the date charged the…