Ellhamer

In count one of an information filed by the Los Angeles district attorney defendants Donald H. Baxter and William Ellhamer were jointly charged with violations of Penal Code section 211, robbery. In count two defendant Baxter was charged with robbery. Defendant Baxter pleaded guilty to count one and admitted being armed with a deadly weapon. The robbery was fixed in the first degree.

Defendant Ellhamer, appellant herein, pleaded not guilty. An amended information was filed alleging two prior felony convictions. After a jury trial he was found guilty of robbery in the first degree. His motion for a new trial was denied and he was sentenced to state prison for the term prescribed by law, the sentence to run consecutively to sentences in case 152703, in which case appellant had been on parole. Appellant Ellhamer appeals from the judgment and the order denying his motion for a new trial.

On March 3, 1961, at approximately 11:45 a. m., defendant Donald Baxter walked up to Donald McPherson, assistant manager for Lucky Stores in Norwalk, California, as McPherson was writing up a grocery order. Defendant Baxter pulled a gun on McPherson and told McPherson to take him to the manager. The…