Barranday

Defendant and one Rodriguez were jointly charged with robbery (Pen. Code, § 211), the information further alleging that in the course thereof, and with intent so to do, they inflicted great bodily injury on the victim (Robert Pete Ruelas). A jury convicted defendant of robbery and fixed the same in the first degree; a new trial was later denied. He appeals from the judgment.

The victim was robbed and shot in the early morning (3 a.m.) of May 17, 1969, shortly after he had escorted Pamela Padilla to her home after an evening of “nightclubbing.” After taking the victim’s wallet containing $120 in bills, the assailant ran to a car on the other side of the street which immediately left the scene, it was similar, according to Miss Padilla, to that belonging to her ex-boyfriend, Rodriguez. Upon release from the hospital, and acting on information received from Miss Padilla, Ruelas (the victim) proceeded to a certain intersection in the general neighborhood; there he located a car which he recognized as the one involved in the robbery. Its license number was given to the police, and both defendant and Rodriguez were arrested the following day. Defendant, it appears, was living…