Ross

Appellant and two codefendants, Jeter and Hampton, were convicted by a jury of violating Penal Code, section 211: robbery. Jeter and Hampton have not appealed.

The victim of the robbery (Stoskopf), riding a streetcar from the city of Downey to Los Angeles, shared a drink of whiskey with appellant from a bottle he was carrying and as a consequence appellant guided Stoskopf to a poolhall where Stoskopf started to play a game of pool with a man other than appellant. Stoskopf abruptly terminated the play when some money he had left in a pocket on the table disappeared without explanation. Stoskopf left the poolhall and after two unsuccessful attempts to have someone call a cab for him, he noticed an MTA bus depot in the vicinity. He knocked on the door of the bus depot and received no reply. At about this time he saw defendant Jeter about 25 to 35 yards behind him. He also saw defendant Hampton across the street. He did not see appellant. Almost concurrently with the observations mentioned, Stoskopf was attacked from behind and knocked down. Before losing consciousness, Stoskopf saw Jeter break the cane which Stoskopf carried and saw appellant running away from the scene.

Phyllis…