Duvall

Defendant appeals from a conviction of robbery (Pen. Code, § 211) which the jury found to be in the first degree.

On October 10, 1966, at about 5:30 p.m., Sheldon Podwall the general manager of the Paramount Ice Cream Company in Burbank and Ruth Perez, his secretary, were in the office of the company when two men entered. One carried a shotgun, the other what “looked like a .45.” Both wore stocking masks. By the customary procedure they obtained money from the company safe and from Podwall personally. Podwall testified that defendant “might” be the robber with the shotgun.

Some time after the robbery Miss Perez was shown several photographs. She picked defendant’s as being that of one of the robbers. Several of the individuals whose photograph she was shown looked “somewhat similar” to defendant. She was “not absolutely certain” that defendant was one of the robbers, but he did fit the general characteristics of the man who carried the shotgun.

There is other evidence in the record linking defendant to "the crime. Since it is not contended that there was insufficient corroboration of the accomplice testimony summarized below (Pen. Code, § 1111) we need not mention it any…