California Court of Appeal May 6, 1958, Crim. 3463 (People v. Hood)

DRAPER, J.

Defendant waived jury trial, and was found guilty of robbery by the court, which also found that the robbery was of the first degree. Defendant appeals, asserting error only in the fixing of the degree. He contends that the evidence is insufficient to show that he was armed with a “dangerous or deadly weapon” (Pen. Code, § 211a).

Defendant entered a liquor store.