James

Defendant appeals. from, a. judgment rendered on a jury verdict finding him guilty of. robbery in the second degree (Pen. Code, § 211). . The. contentions on appeal are that: (1) the evidence is insufficient .to .support the judgment; (2) the trial court'erroneously admitted testimony-of an incompetent witness; and (3) the prosecution was guilty of prejudicial misconduct.

The robbery occurred about 8:15 p.m. on March 26, 1962, at Weatherby’s Seafood Restaurant in Eureka, after the restaurant had closed for the day. The owner, May Frank, was in the kitchen with her cook, Gladys Harrell, and a kitchen helper, Lillian Norton, while her husband, Fred, was sitting at the counter in front of the establishment reading a newspaper. As Mr. Frank read the paper, he was jabbed in the back by a hard object and turning around saw a man with a woman’s nylon stocking pulled over his head and his right hand stuck in the pocket of his coat. The man fold Mr. Frank not to go to the phone, to continue to read, and threatened to blow his head off if he made any attempt to move. Mr. Frank remained seated at the counter while the man walked through the dining room and kitchen.

The three women in the…