Cooper

Appellants were found guilty previously on a charge of possession of eoncealable firearms. Cooper appealed. The conviction was affirmed. (People v. Cooper, 249 Cal.App.2d 479 [ 57 Cal.Rptr. 588 ].) Worley did not appeal. The jury which convicted them disagreed on the charge of robbery. Another jury convicted Cooper and Worley of robbery and of assault with a deadly weapon, and found that they were armed with deadly weapons at the time of the robbery and at the time of the arrest. Both defendants appeal. The general factual situation may be seen in the earlier Cooper case. The points on this appeal appear under separate headings.

Sear say Testimony

On the former appeal, it was held that the officer’s testimony of a bystander’s description of the getaway car was in effect an application of the spontaneous declaration exception to the hearsay rule. We agree with this ruling.

■ As to Officer Smith’s testimony about a report he heard over the radio, there was no objection. The point cannot be raised on appeal. (People v. Cockrell, 63 Cal.2d 659, 667 [ 47 Cal.Rptr. 788 , 408 P.2d 116 ].)

The argument that the bystander was not produced and hence that confrontation did not exist is…