Beal

Defendants were jointly charged by an information filed by the district attorney of San Diego County with the offenses of robbery, and assault with a deadly weapon, committed on the ninth day of August, 1934. Both defendants were convicted on both counts and sentenced to confinement in the state penitentiary, with the sentence on each count running consecutively. This appeal is taken from the judgments and from the orders denying their motions for new trial.

Defendants urge the single ground for a reversal of the judgments and orders that the evidence does not support the verdicts and judgments finding them guilty of robbery in the first degree. They admit that the evidence is sufficient to support their convictions of attempted robbery and assault with a deadly weapon.

The evidence shows that the defendants in company with Pete Aguinaldo drove to the front of the branch of the Bank of America in the city of La Mesa. Aguinaldo remained in the car while defendants entered the bank. They approached window number two behind which H. A. Hall was standing and one of them asked concerning the transfer of some money from El Centro. Hall knew nothing of such a transfer and asked Mr. Van…