Egan

About midnight on October 28, 1924, P. I. Jacoby and wife, upon entering their home on Jackson Street, in San Francisco, were confronted by two masked men armed with a black automatic revolver and robbed of jewelry valued at twelve thousand dollars. The defendant Edward Egan was accused and convicted as being one of those committing the robbery. He has appealed from the judgment of conviction and from the order denying his motion for a new trial.

The first point urged for reversal is that the evidence is legally insufficient to sustain the verdict. The appellant Egan was charged jointly with one John H. Smith with the commission of the crime. They were tried separately, and each was convicted of robbery in the first degree. The evidence adduced by the prosecution in both cases was the same. Owing to the fact that the men perpetrating the crime were masked, the Jacobys were unable to recognize Smith or appellant as being either of the robbers, but their guilt was established by circumstantial evidence. Smith was tried and convicted first. He appealed, and one of the questions raised was the sufficiency of the evidence. The judgment of conviction was affirmed by division two,…