Arguero

This ease was previously before the court and the judgment was reversed. ([Cal. App.] 295 Pac. 861 .) The attorney-general petitioned for a rehearing and the petition was granted.

Defendant was convicted by a jury of the crime of attempt to commit robbery and a new trial was denied and judgment pronounced. Defendant appeals from the order denying his motion for new trial and also from the judgment.

The record shows that defendant used a knife in the attempted commission of the offense. The information charged defendant with an attempt to commit robbery, and the jury brought in a verdict of guilty of attempt to commit robbery as charged.

The sole question raised upon this appeal is whether or not a lawful verdict was rendered. In this connection defendant contends that the verdict is void and of no effect for the reason that it does not find the degree of robbery.

Section 211a of the Penal Code provides: “That all robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon is robbery in the first degree. All other kinds of robbery are of the second degree.” By the provisions of section 213 of the Penal Code, robbery in the first degree…