People v. Rosen

THE COURT.

The defendant was charged, by information with having committed the crime of robbery by feloniously'taking from one Paul W. Whitcomb the sum of $198, accomplished by means of force and fear. The defendant was also charged with having been armed at the time with a deadly weapon. He was tried on his plea of not guilty and convicted of robbery in the first degree. He appealed from the judgment of conviction and from the order denying his motion for a new trial.

This is a case where admittedly the defendant is guilty of the crime of assault with a deadly weapon. The question is whether…