People v. Raleigh

The defendant was duly convicted of the crime of the attempt to commit robbery of the first degree and from the final judgment of conviction and the order denying his motion for new trial, defendant has appealed.

The defendant entered a haberdashery, approached within one or two feet of the proprietor, pointed a gun at the proprietor, and said, “Stick them up.” The proprietor ran out of the door on to the street. The defendant followed and fled without accomplishing his purpose.

Calling our attention to the fact that there is no evidence in the record to show that the gun was loaded, appellant…