People v. Phillips

The defendant Phillips appeals from a judgment of conviction of first degree robbery. His companion, Willie York, was also convicted of the same offense but has taken no appeal.

The principal ground of the appeal is that the evidence, about which there is no conflict, does not establish a robbery as a matter of law.

The facts disclosed by the record may be summarized thus:

The defendant Phillips and his companion York planned the robbery of a service station. The method agreed upon was to drive in and order gas; York was to pretend to go to the men’s room but was actually to enter the service…