Can a defendant draw a gun on a robbery victim and tell the victim "I'll shoot" or "I will shoot" if the gun does not have a magazine?

Rodriguez cited, with approval, other cases that reached a similar conclusion. In People v. Mearse (1949) 93 Cal.App.2d 834, 836-838, the defendant's command to the victim to halt or " 'I'll shoot' " indicated the gun was loaded. In People v. Hall (1927) 87 Cal.App. 634, 636, the defendant drew a gun on robbery victims and ordered them to hold up their hands and face the wall. Even though the revolver later retrieved from the defendant did not have a magazine, the court concluded his "acts and the language used by him in the commission of the robbery constituted an admission by conduct, an implied assertion that the gun was loaded." (Ibid.)