Boothe

—This is an appeal from a judgment of conviction of robbery.

In an information filed in Los Angeles on April 20, 1965, defendant was charged with robbing Walter McCoy and Langendorf Bakery of about $123 on or about March 8, 1965. Further it was charged that defendant at the time of the commission of the offense was armed with a deadly weapon namely, a gun. Defendant pleaded not guilty. In a jury trial defendant was found guilty of robbery in the second degree and further it was found that he was not armed at the time of the commission of the offense. Defendant was sentenced to the state prison on August 4, 1965. A division of this court granted defendant’s application to file a notice of appeal on May 25, 1967, and such notice of appeal was filed on June 8, 1967.

A résumé of some of the facts is as follows: Walter McCoy, a driver-salesman for Langendorf Bakery, at about 3 p.m. on May 8, 1965, made a delivery and pick-up stop at Bill’s Food Market in Compton. After having filled an order for merchandise, McCoy collected about $25 from Mrs. Wong, the wife of the owner of the store. McCoy put the money in his pants pocket and went outside and into his parked delivery truck. He…