Eldridge

The defendant John Eldridge was charged jointly with Clifford Miles and Charles Davis with the crime of robbery. Davis demanded and was granted a separate trial, but the charges against him were subsequently dismissed • without trial.' Miles and Eldridge were tried together and Miles was convicted, but the jury disagreed as to Eldridge. Upon a second trial Eldridge was convicted, and he prosecutes this appeal from the judgment.

It appears from the record that on the night of April 2, 1924, about 11:30 o’clock, one Henry Waxman was held up by three men, on Willow Avenue, between Laguna and Octavia Streets, San Francisco, and robbed at the point of a revolver. Immediately following the robbery he telephoned to the police department from his home near by, and upon arrival of an officer gave descriptions of his assailants. About four hours later complaint of a different nature was made to the police department, by a woman, concerning the conduct of Eldridge, in response to which the officer, accompanied by said woman, proceeded to a house on Sutter Street where Eldridge roomed, and there found Davis in bed, but Eldridge apparently was not there. The officer, observing fresh…