Jones

Statement of the Case

Defendant was charged by information with .the crime of armed robbery. Defendant was duly arraigned, pleaded not guilty and after trial by jury, was found guilty of robbery of the first degree. Defendant’s motion for a new trial was denied and he was sentenced to state prison. Defendant appeals from the judgment.

Statement of Facts

On December 23, 1967, between 12:30 and 1 p.m., two men who had made an 81-cent purchase approached Mrs. Johnson, clerk-cashier, at Fine’s Market at 2207 West Florence Avenue, Los Angeles. One of the men (not the defendant) leaned over and said, “My partner has a gun and this is a stickup.” He told the clerk three or four times to give him the money out of the cash register. He took the money out of the register during which time Mrs. Johnson’s hands were held up and defendant had a gun in his hand pointed directly at her and he then told her to put her hands down. After taking about $700 or $800, the two men ran out of the store. Defendant was standing just a few feet from Mrs. Johnson with no covering over his face at the time of the robbery. She identified defendant at a police lineup as the man who had the gun that…