Jaggers

Appellant and one Weirick were accused in an information filed by the district attorney with having committed the crime of robbery. Both defendants named in the information pleaded “not guilty”, but at the time the cause was called for trial defendant Weirick withdrew his plea of “not guilty” and entered a plea of “guilty”. Appellant was then placed upon trial alone, a trial was had, and a verdict of robbery in the first degree was duly returned by the jury.

Appellant's first specification of error is that the evidence was insufficient to justify the verdict of the jury. Appellant admits having driven defendant Weirick and one 0 'Grady to the drug-store where the robbery was committed. He likewise admitted having remained outside the store, seated in his ear, during the time that Weirick and O’Grady were actually committing the robbery, and having driven Weirick and O’Grady from the scene of the crime following its commission. Appellant contends that he did not know that it was the intention of Weirick and 0 ’Grady to commit the robbery, and that there is no evidence to support an inference that he knowingly aided or assisted them in the perpetration of the robbery with knowledge…