Aguinaldo

Defendant was convicted of the crimes of robbery and assault with a deadly weapon. His motion for new trial was denied and he has appealed from the judgment and from the order denying this motion.

As grounds for reversal of the judgment and order he urges (1) that the evidence does not support the verdict and judgment finding him guilty of robbery but is only sufficient to support a conviction of attempt to commit robbery; (2) that the trial court erred in overruling his objection to the consolidation of his case with that of the defendants in People v. Willis Lee Beal and Felipe Marcelo (ante, p. 251 [ 39 Pac. 504 ]), and forcing him to trial with them over his objection and without his consent.

The first contention made by appellant is precisely the same as that made by defendants in the case of People v. Beal, supra, and is there decided against him. The facts of the instant case and the reasons for our conclusions are fully set forth in that decision and need not be repeated here. The second ground requires careful examination.

As appears in the Beal ease, appellant with Marcelo and Beal acted together in the robbery of the La Mesa branch of the Bank of America. A complaint…