Nichols

A unanimous jury found Donnie Ray Nichols guilty of first degree robbery; in broad daylight the defendant held up the bartender of the Arcade Tavern in downtown Sacramento, and, at gunpoint, forced him to deliver approximately $100 from the cash register; the defendant did not wear a face covering or attempt to disguise himself in any way; he approached the bartender in the presence of witnesses and when he was asked what he would like he said, “Your money.” He then calmly left the bar, walked a short distance, and was picked up by a confederate in a nearby alley and whisked away to Marysville in a green ear ; the defendant was later picked up and jailed by law enforcement officers in the latter town. The evidence, it seems to us, was clear and convincing—not only the People’s account of the crime but the defense’s awkward attempt to establish an alibi, which was so lacking in convincing quality that it tended to strengthen the ease against the defendant.

Able defense counsel do not contend that the evidence in the ease, if all of it were properly received, is insufficient to justify the conviction; they claim that constitutional rights exist in favor of the defendant in…