Huston

Lloyd Huston was charged with the crime of robbery, the information alleging that he forcibly took from the person of one Earl Zumwalt $70 in money and a Bulova wrist watch of the value of $50 by means of force and fear. Defendant pleaded not guilty and was found guilty by the jury of the crime of robbery in the first degree. His application for probation and his motion for a new trial were denied and judgment was pronounced. He has appealed from the judgment and from the order denying his motion for a new trial.

Appellant wrote a letter to this court in which he attempted to set forth what he considers to be errors occurring during the course of the trial, and also stating that he did not have an attorney. This court appointed Mr. David G. Mclnnes, of the Sacramento Bar, to represent appellant on appeal. Mr. Mclnnes has informed this court that after a thorough review of the record it is his opinion that appellant had a fair trial and that there is no merit to this appeal.

Earl Zumwalt testified that he arrived in Willits, California, December 14, 1956, for a two-day holiday. After getting a room he went to Manney’s, a bar, for a few drinks. He was in and out of Manney’s bar…