Soffer

Appellant Softer was charged in an information jointly with the defendants Burrough and Hollis with the commission of the crime of robbery accomplished by means of a deadly weapon. On motion of the district attorney the cause was dismissed as to the defendants Burrough and Hollis, appellant was tried before the court without a jury and was found guilty of robbery in the first degree. This appeal is prosecuted from the judgment of conviction which was thereafter entered.

It is here contended that the evidence is insufficient to sustain a conviction in that construed in its entirety it presents no more than a suspicion of appellant’s guilt.

It is disclosed by the record that on October 18, 1938, one Adam Simon, Jr., owned and operated a liquor store at 5111 Whittier Boulevard in the county of Los Angeles; that he and his father were present in said store at 9 o’clock on the evening of that date when defendants Burrough and Hollis entered and Burrough sought to purchase some liquor; that said Adam Simon, Jr., turned to get the liquor and when he again faced said Burrough, the latter, who was then pointing a .32 caliber revolver at him, said: “Never mind, this is a stick-up; don’t…