Derwin

Defendants were jointly charged by indictment with the crime of robbery. A jury returned a verdict against both and determined the crime to be robbery of the second degree. Their motions for a new trial and in arrest of judgment were denied, and they appeal from the order denying a new trial and from the judgment.

The grounds urged for reversal are that the court erred in giving and in its refusal to give certain instructions to the jury.

It was shown by the testimony that Robert Weir, the complaining witness, at about 1:30 o’clock A. M. of December 25, 1924, was walking in a northerly direction along Valencia Street in San Francisco when, upon reaching a doorway thereon in which two persons were standing, he stumbled over the foot of one of them, whereupon he was attacked by both, was beaten and after a struggle his watch, of the value of $50, váth certain letters were taken from his person. Defendants were arrested within a few minutes after the occurrence, and both denied then and at the time of the trial that they had seen the complaining witness previous to the arrest. The arresting officer testified that one of the defendants threw into the street letters which were…