Carson

The defendant was charged by an information with the offense of robbery. He was tried and found guilty by a jury of robbery in the first degree. This appeal is taken from the judgment and the order denying his motion for a new trial. The testimony shows that on the morning of May 6, 1932, at the hour of 9 o’clock the defendant and one Curtis, unmasked and armed with automatic revolvers, entered the Auto-Bank, an automobile loan company in the city of Los Angeles, where the defendant held up and robbed the credit manager, W. D. Adams, of $1800. The robbery, which required from three to five minutes for its consummation, occurred in the presence of the other officers and employees of the company, who were at the same time covered by Curtis. The latter, who was arrested, convicted and confined in the state penitentiary several months prior to the apprehension of the defendant, was the only witness called to testify in his behalf. During the course of his direct testimony he denied the participation of the defendant in the robbery and insisted that one Cline was his confederate in the commission of the offense.

On cross-examination for the purpose of laying a foundation for…