Ward

The defendants were jointly charged under section 211 of the Penal Code with robbery committed on February 4, 1940, by feloniously taking from the person and immediate presence of Mae Fashbaugh her Elgin wrist watch, one platinum diamond ring and another gold ring containing a black stone. In a second count of the information the defendants were also charged with burglary. The second count was dismissed. Before the time of trial Parkinson pleaded guilty to the charge of robbery. He was called as a witness in behalf of the prosecution and testified against the appellant. The jury disagreed with respect to the guilt of Williamson, but rendered a verdict finding the appellant, Homer C. Ward, guilty of robbery of the second degree. His motion for a new trial was denied. A judgment of conviction of robbery of the second degree was entered against the appellant and he was sentenced to imprisonment at Folsom for the time prescribed by law. From that judgment and from the order denying a motion for new trial this appeal was perfected.

It is contended the verdict and judgment against the appellant are not supported by the evidence chiefly for the alleged reason that the testimony of…