Collins

By information filed, appellant and one Evans were accused of two robberies. At the trial they were acquitted on the first count and convicted on the second. Defendant Collins appeals from the judgment and from an order denying his motion for a new trial. The evidence leaves no doubt that, at the stated time and place, in the city of Los Angeles, two men forcibly took from the person of the prosecuting witness Allaire the sum of $55. The witness Allaire identified appellant Collins in the most positive manner. Collins denied his guilt, and denied that he was in the city of Los Angeles at the time when the robbery occurred. He testified that at that time, October 4, 1930, he was in the city of Oakland. Other witnesses testified to having seen Collins in the city of Oakland early in October; and at least one of them definitely fixed the date as October 4, when he saw appellant at Oakland. On this conflicting evidence, plus circumstantial evidence, the jury found against appellant, and the finding must stand approved.

The first two assignments of error relate to the admission of evidence to which appellant objected. This evidence was late.r stricken from the record; and since it…