O'Farrell

Defendant-appellant was charged in count 1 of an information with armed robbery of one George Parrocha (violation of Pen. Code, §§ 211, 211a) on the night of December 25, 1956; in count 2 with the crime of burglary while armed with a deadly weapon (violation of Pen. Code, §§ 459-460); in counts 3 and 4, kidnaping Fred C. Paul and George Parrocha for the purpose of robbery (violation of Pen. Code, § 209); and in count 5 with armed robbery of $723.15, property of the La Jolla Beach and Tennis Club, taken from the person and possession and immediate presence of its employees therein named. He was further charged with five prior felony convictions and that he served terms therefor in a state’s prison. He pleaded not guilty to the charges and admitted the prior conviction. A jury trial resulted in a conviction on all counts as charged. After a new trial was denied he was sentenced to prison on counts 1 and 4 to run concurrently and on counts 3 and 5 to run concurrently, but consecutively with counts 1 and 4, and count 2 to run concurrently with counts 3 and 5.

On Christmas Eve, about midnight, the bartender of the La Jolla Beach and Tennis Club placed about $700 in a bag and deposited…