Bryan

Defendant and appellant Harry A. Pierce, alias H. A. Rogers, was jointly charged with Daniel Webster Bryan with the crime of robbery by an information filed with the district attorney of Shasta County and upon their trial upon said charge Bryan was found guilty of robbery in the first degree and Pierce was found guilty of robbery in the second degree. From the judgment rendered thereon Pierce has appealed.

Briefly stated, the facts surrounding the said robbery are about as follows: On the evening of November 9, 1927, Aaron C. Benjamin spent a considerable part of his time in the poolroom of Lee and McKee in Bedding, engaging in card playing. During that time and when he left for home shortly after 1 o’clock A. M. on the 11th of November, he had several hundred dollars on his person, at least a portion of which was open to the view of the people collected in said poolroom.

Benjamin, accompanied by a neighbor named Fish, left said poolroom shortly after 1 o’clock on the morning of November 10th, 1927, and aftef getting a lunch in a near-by cafe they left Bedding, traveling north on a public road known as the Pacific Highway, Benjamin in front in his own car and Fish following in a…