Cunha

This is an appeal from a judgment of conviction of robbery in the first degree and from the order of the trial court denying defendant’s motion for a new trial.

In view of the substantial evidence in support of the verdict of the jury the defendant, quite properly, does not question the sufficiency thereof. His attack upon the judgment, which is entirely without merit, is directed solely at certain alleged errors of the court in the conduct of the trial. Although, as stated, no question is raised as to the sufficiency of the evidence, it would appear that for a proper understanding of the case a brief summary of the pertinent facts is necessary.

Such facts, viewed in the light most favorable to the prosecution show that about the hour of 12:30 o ’clock a.m. on October 28, 1950, defendant and one Janes entered a tavern in Yuba City. Defendant, armed with a gun, ordered those in the bar to put up their hands and the bartender to give him the money from the cash register. He then backed out of the door with his accomplice Janes, who had been keeping watch. All of the seven persons in the- bar at that time (with exception of the witness Drew), the accomplice Janes, and one Vasco,…