Hughes

Appellant Hughes and one Lashley were charged by an information filed by the district attorney of Santa Clara County with violating Penal Code, section 211 (armed robbery). They pleaded not guilty and were tried by a jury which found each defendant guilty of robbery, second degree. Defendant Hughes appeals from the ensuing judgment. A detailed recitation of the facts is necessary because appellant questions the sufficiency of the evidence connecting him with the commission of the crime as well as the evidence justifying reasonable cause for arrest and the concomitant search and seizure.

On March 13, 1959, between 4 and 8:30 p.m. a man identified as appellant by Mr. and Mrs. Thomas Mitchell, owners of "Club 4” and by Mrs. Carroll Cogger, a cocktail waitress, was at the Club drinking beer. He was wearing a light colored sport jacket and slacks. Defendant was accompanied by a man later identified as defendant Lashley. Between 9 and 9:30 one Winder parked his unlocked four-door 1949 Cadillac sedan outside the bar and restaurant about one block from "Club 4.” In it he left some photographic equipment, which along with the ear was missing when he left the establishment at 11 p.m. The…