People v. Cook

LILLIE, J. A jury found defendant guilty of attempted robbery, first degree (§ 664, Pen. Code); he appeals from the judgment.

Around 8 p.m. on December 17, 1966, Gilbert Murray, manager, Ralph’s Grocery, saw Isaac Green enter the store. A few minutes later he was called from his office by Yoshia Sakamoto, a cashier, to the cheekstand booth for customer service; she told him that a man (Marshand) wanted to see him. Murray talked to Marshand, turned around and saw Green who had come up behind him carrying a chrome “Western-type” long gun. Green pressed the gun against Murray’s back and said, “All right. All right. All right.”; as Murray started to raise his hands Green said, “Don’t put your hands up”; Marshand repeated it. Murray began to lower his arms and Green fired a shot into his back; Murray asked Green, “Why did you shoot me ? ’ ’ Green did not reply but ran to the booth, stuck his gun in and said, “I want money, lady. I want some money, money. I want some money.” Mrs. White, a checker in her cheekstand about 12 to 15 feet away, had heard loud talking and arguing; she looked up and saw the manager and two men, one of whom was Green; a few minutes later she heard a shot, looked up again and saw defendant standing next to her cash register; defendant pointed his gun at her and in a somewhat excited voice told her not to move, then left. Rene Cagnollitti, a shopper, saw Green with the gun in his hand and heard the manager ask him why he had shot him. Miss Burrell, a checker, saw the manager and Green with gun in hand. Mrs. Keyes, another checker, heard a shot, looked up and saw defendant with a small gun in his hand; she started toward the exit and saw defendant in the aisle; holding the gun, defendant told everybody to “get back, get back. ’ ’ Green returned to Murray who was lying on the floor, put his gun to Murray’s face and ordered him to get up and open the safe; Murray tried but could not get up. Someone said, “Let’s go, let’s go,” and the last Mrs. Keyes saw defendant was when he left the store.

Defendant denied that he attempted to rob Ralph’s or was present when someone else tried. He offered an alibi defense—■ that he was a member of a singing group which practiced every evening from 7 o’clock for five weeks preceding- a recording date on December 19, 1966, and he attended all rehearsals. Defendant and several witnesses testified that at the time of the robbery attempt he was at the home of one of the members for rehearsal. He and Green both lived at the [640]same address but Green was not a member of the group rehearsing that night.