People v. Smith

Defendant was indicted by a grand jury of the crimes of robbery, murder of the first degree, and attempted robbery. He waived a jury, and the court, after finding him guilty on all three charges, sentenced defendant to life imprisonment on the murder conviction under count one. Sentence on the robbery count was suspended as the crime was committed as part of the same offense charged in count one. Sentence on the third count for the crime of attempted robbery was ordered to run concurrent with the murder sentence.

Defendant presents two points on his appeal, first, that a loaded gun taken from…