Craib

The defendant was tried on an information in two counts charging robbery and rape. He was convicted of robbery in the second degree and of rape as charged. From the judgment following the verdict and from the order denying his motion for a new trial he has appealed on a typewritten record.

The facts of the case are the same as those related in People v. Piero, ante, p. 357 [ 249 Pac. 541 ], and it is not necessary to repeat them here. It should be added, however, that it was this defendant who drove the car both on the trip from San Francisco to the Brighton cafe and from the cafe to the place where the second assault and the robbery were committed and that this defendant was one of the four who participated in the second assault. All the material facts of the case in so far as they relate to this defendant were admitted by him when a witness in his own behalf except the actual commission of the assault and robbery. In this connection he testified that he drove the prosecutrix and his three companions down the road to the place where they left the car; that he drove on farther down the road for about twenty minutes, and that he then returned and picked them up, driving back…