Daniels

Defendant appeals from the judgment entered following a jury trial which resulted in his conviction upon charges of eight separate robberies. He was found to have been armed with a deadly weapon in each instance.

The attorney first appointed by this court to represent defendant upon this appeal advised us that he had not been able to find any prejudicial error in the record. The attorney general thereupon moved to dismiss the appeal. We appointed a second attorney to represent defendant in opposition to this motion. This second defense attorney, both in his opposition to the motion and in his brief filed herein, set forth contentions regarding the merits which required this court to undertake an examination of the record. Accordingly, we denied the motion to dismiss; we now pass upon the merits of the appeal. (People v. Nixon, 34 Cal.2d 234, 235 [ 209 P.2d 385 ].)

As a basis for urging a reversal herein, defendant first argues that the evidence is insufficient to sustain four of the eight robbery counts. In each instance, appellant's argument goes to the question of his identification as the person who committed the robberies charged.

In the first challenged count, the owner of…