Oats

Defendant appeals from a judgment entered on a jury verdict finding him guilty of robbery, violation of Penal Code section 211. His attempted appeal from the sentence is dismissed.

About 2 a.m. January 23, 1965, Paul Putnam was on duty at a Shell service station at Olive and Highway 99 in Bakersfield. As he was hosing off a cement slab, he was approached by a male negro wearing a brown derbjq whom he subsequently identified as James Seward. Seward asked for directions to Edwards Air Force Base, and for change for a 50-cent piece. As Putnam walked toward the cash box, Seward asked where the restrooms were. Putnam secured the change and resumed hosing the slab while waiting for Seward to return. Another negro, wearing a silk stocking over his face and carrying a hexagon-barrelled rifle, came around the corner of the building and said, “Hold it, drop the hose and go to the restrooms.” As Putnam started toward the restrooms he was met by Seward, who held out his hand and Putnam gave him his change. The two men followed Putnam into the restroom, took his wallet and cashbox key, and warned him not to turn around. Seward left, but the man with the gun remained and took a silver dollar…