Rice

Defendant was charged by an information with violation of Penal Code section 211 (Robbery). He was found guilty of second degree robbery by a jury, sentenced to state prison, and now appeals from the judgment of conviction.

Defendant does not raise any question as to the sufficiency of the evidence to support the conviction. Therefore, only a brief summary of the facts surrounding the robbery is given. The robbery occurred at a drive-in restaurant in San Bernardino. The victim of the robbery immediately notified the police and gave a description of the robber, who had left the scene on foot. Approximately ten minutes after the robbery and some six blocks from the scene, defendant was arrested by a San Bernardino police officer. A search of defendant’s person disclosed currency in the amount of $84. At the preliminary hearing and again at trial the victim of the robbery identified defendant as the robber.

The sole witness called by the defense was the defendant himself. He testified at the time of his arrest he was just out taking a walk. He stated he had been in San Bernardino for a few days prior to his arrest and had been working for a machine shop. While in San…