Baker

In a trial by jury defendant Baker was convicted of first degree robbery. He appeals from the judgment and the order denying his motion for a new trial.

Appellant’s contentions are to the effect that his counsel at the trial did not represent him property and in good faith; the information was defective; the judge indicated prejudice against defendant in asking questions of prosecution witnesses ; the court erred in rulings as to admissibility of evidence ; the court erred in giving, and in failing to give, certain instructions; the deputy district attorney was guilty of misconduct.

On December 12, 1958, about 5 :50 p. m. when Mr. Reed, a taxicab driver, was driving a cab out of a company garage in Los Angeles, two persons hailed him for a ride. One of the persons was the defendant and the other one was a man by the name of Lewis. They entered the cab—defendant sat in the rear seat, directly behind the driver, and Lewis sat in the front seat beside the driver. They said they wanted to go to Covina. While they were traveling, Lewis asked questions regarding the driver’s family. The driver replied by stating that he had five children and that it was difficult to support them on…