Horgan

The defendant with James Allen and Dan Boyd were by information jointly charged with the crime of robbery, in that by means of force and fear they took from the possession and person of Jacob Widener, the prosecuting witness, the sum of $40, lawful money of the United States.

Upon a separate trial from his codefendants, Horgan was convicted of the crime as charged. His appeal is from the judgment pronounced, and from an order of court denying his motion for a new trial.

The alleged offense occurred in the city of Needles, California, at which place Boyd, Allen, an'd defendant arrived at about 10:30 P. M. on January 15, 1916, coming from Oatman, Arizona, where they had been employed as laborers in the mines. Upon arriving at Needles, Boyd and Allen obtained a room at a lodging-house at which they registered, and then, with defendant, visited saloons and restaurants around the town until about 1 o ’clock the next morning, when they went to a gambling-house conducted by one Faust in the basement of a building where a game of draw poker was in progress. Defendant and Allen each bought some $20 worth of chips from Faust and entered the game, in which Faust, Widener, and some three or…