Bookhammer

Appellant was charged with attempted robbery, tried before the court without a jury, convicted, and appeals from the judgment. Since one of appellant’s contentions is that the evidence is insufficient to support the judgment we set forth the facts as they appear in the record.

On April 30, 1962, at about 2:15 a.m., two patrons, one Harry Coater and the other Mrs. Bersell, left the Wishing Well bar in Castro Valley. William Pehr, also a patron, and Louis Ridgway, the bartender, followed. Coater and Mrs. Bersell were stopped by two men, one of whom wore a mask and had a gun. The armed and masked man announced a holdup and demanded that everyone return to the bar. Ridg way was ordered to open the door. He pretended to drop his keys, and in picking them up struck the masked man in the face. A general encounter then took place, during which the masked man lost his mask, and Ridgway got a look at him. Later Ridgway was rendered unconscious by a blow on the head, and the two robbers fled.

Warren Breilh lived about a mile from the Wishing Well bar. He testified that appellant and a companion came to his home in the latter part of April 1962, some time after 2 a.m. They told him they had…