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Defendant was charged in count I of an information with the robbery of Melvin Mays, and in count II with assaulting Mays by means of force likely to produce great bodily injury. He pleaded not guilty to the charges. Following a jury trial he was found guilty of robbery as alleged in count I, the jury determining it to be robbery in the second degree. He was also found guilty of the aggravated assault charged in count II. Defendant moved for a new trial and the motion was denied. The court then reduced the offense under count I to grand theft from the person, a lesser but necessarily included offense. Probation was denied and defendant was sentenced to one year in the county jail on each count, the sentences to run consecutively. He appeals from the judgment.

The victim of the robbery and assault, Melvin Mays, testified that at about 1:30 a. m., on August 25, 1962, he left a bar known as the “Club Chucaire” in Los Angeles. After walking a short distance he heard someone say, “That’s the one,” and he was then attacked by four or five men. During the scuffle which ensued Mays’ wallet, containing two or three dollars, was taken from him. Mays became unconscious when he was kicked in…