Wright

Appellant Wright and defendants Jackson and Malone were accused by information with kidnaping for the purpose of robbery (Pen. Code, § 209), robbery of one Bayliss (Pen. Code, § 211) and robbery of one Brody. A jury convicted Wright and Jackson of each offense charged; Malone was acquitted. As to Wright, the jury also found the robbery to be of the first degree and that he was armed as alleged in the information. All three accused were represented at the trial by separate counsel. The appeal is from the judgment and the order denying a new trial.

On November 16, 1961, the victim Brody was the owner of a West Temple Street liquor store in Los Angeles. Bayliss, the other victim, then 66 years old, lived nearby at 219 Occidental. In midafternoon of that day and shortly after Bayliss had purchased some cigarettes from Brody, three men entered the premises. One of them said: ‘ ‘ This is a stick up! ” The second of the trio (described as wearing a goatee) rifled the cash register of its contents, approximately $80. The third man, Jackson, had a sear or cut on the left side of his face; he was armed with a short-barreled gun with which he “jarred” Bayliss and said: “Let’s get going,…