People v. Perry

WOOD (Parker), J. Defendant Perry and one Boyce were charged with attempted robbery. In a trial by jury they were convicted. Perry appeals from the judgment.

Appellant asserts that the evidence was insufficient to support the verdict.

Mr. Thompson, the manager of a food market in Los Angeles, testified that on July 11, 1955, about 9:30 a. m., while he was inside the market and about 15 feet from the entrance, he saw the two defendants enter the store—Boyce entered first and Perry was about 3 feet behind him; Perry went to the front of the butcher counter; Boyce walked toward the witness, pulled a gun, stuck the gun in the [375]witness’ back and said, “ [L]et’s go into the back”; then the witness and Boyce walked about 50 feet and entered a room at the back of the store; Boyce then made the vegetable man (who was in that room) lie on the floor and he made the witness lie on the vegetable man; then he tied the vegetable man’s hands; then, after telling the witness to get up, he put a gun in the witness’ back and told him to go to the front of the store and wait on the two customers (who were at the cash register) “as if nothing was happening”; when the witness arrived there, defendant Perry was standing about 5 feet from the check stand; Perry had a hat on; the witness waited on the two customers; then Perry asked for two packages of Viceroy cigarettes; the witness gave the cigarettes to him but he did not offer to pay for them; at that time the witness was still in fear of the gun; Perry was then standing in front of the witness with his right hand in his (Perry’s) co.at pocket, and Perry said to the witness, in a firm voice, “Close the door up. Lock it”; at that time Boyce had gone behind the butcher counter and had taken the butcher into the back room; then the witness went to the double doors in front of the store and closed one of them; at that time another customer came in, and Perry “motioned with his hand in his pocket” for the witness to get behind the counter and wait on the customer; the customer did not stop at the check stand, and when Perry turned his head and was watching the customer the witness (manager) ran out the front door of the store.

Mr. Chang, the butcher, testified that one of the defendants asked him about ham; he (witness) did not remember which defendant asked that; one of the defendants, who had something “like metal” in his hand, ordered the witness to go to the back room; the witness felt “this metal” in his back when he was ordered to the back room; he thought it was Boyce who ordered him to the back room; when the witness arrived in the back room he saw the vegetable boy lying on the floor; the man who ordered him to the back room tied him (witness) up.