Salcido

Defendant appeals from a judgment of conviction after a jury verdict finding Mm guilty of three counts of armed robbery, in violation of Penal Code, section 211a. Counts one and three were alleged to have occurred on November 4, 1959, and count two was alleged to have occurred on October 26, 1959. In addition, defendant admitted a prior felony conviction for grand theft, for which he had served a term in a state prison.

The evidence relating to the offense charged as count two discloses that about 11:05 p.m. on October 26, 1959, James Sandoval was employed at Henry’s Liquor Store in Fresno. He was waiting on a customer when defendant entered. After the customer left, defendant approached Mr. Sandoval, who was standing next to the cash register, and said, “Give me the bills. Hurry up.” Mr. Sandoval observed that defendant held a pistol, and opened the cash register. Defendant reached into the register and removed more than $79 in cash. While this was happening, two customers entered the store, but defendant told them to get out, and they left. Defendant ordered Sandoval to sit down and remain still for five minutes. Then defendant left. Mr. Sandoval later identified the robber in…