Davis

Carvrey M. Davis, Jr., was convicted of first degree robbery (Pen. Code, § 211), attempted robbery (Pen. Code, §§ 211, 664), and two counts of assault with a deadly weapon (Pen. Code, § 245). He appeals, urging insufficiency of the evidence to support the verdict.

The convictions resulted from two separate holdups. On May 7, 1964, a liquor and grocery store was held up by two gunmen. One entered the store about 10 p.m., laid a rifle on the counter, and commanded Charles Meehan, the clerk, and a woman assistant to get on the floor. The second then entered, emptied the cash register, and took a gun and four bottles of liquor. Meehan testified the store was brightly lit, he saw the second robber clearly from a distance of 18 inches, and Davis was the second robber. A witness who had gone to high school with Davis testified he saw him leaving the store at the time of the robbery. In defense, Davis’ wife testified she came home about 10 minutes after the time of the robbery and her husband, who was not fully dressed, let her into the house. In rebuttal, the investigating officer testified that Davis had said he had gone out to play pool on May 7 but couldn’t recall whom he had played…