Davaney

Delbert Eugene Davaney appeals from a judgment of conviction of first degree robbery (Pen. Code, § 211) in a non-jury trial.

Statement of Facts

At approximately 8:20 p.m., Davaney, on October 16, 1968, entered a liquor store in San Diego where Marvin Rosen was working as a clerk, approached Rosen, standing behind the cash register counter, raised a shotgun he carried to a level position about waist-high, and said, “Don’t do anything.”

A customer named “Red” was in the store when Davaney entered. Red started to leave the store but stopped when Davaney pointed the gun at him and said, “Don’t move.”

Davaney was near the cash register counter and again pointed the gun at Rosen, demanding the money in the register.

Roger Clarkson, another clerk, from the rear of the store, he^rd a rather loud voice and walked into the store area to see what was -going on. He saw a man with a gun pointed at Rosen and heard him demanding money from Rosen. The man turned toward Clarkson for a second and Clarkson returned to the back area of the store and remained there until the man left. Clarkson was unable to say that Davaney was the man he had seen in the store.

Rosen withdrew an…