Mahach

The defendants, who are Indians, and who were, by an information filed in the superior court of Humboldt County, jointly charged with, and, upon their trial, found guilty by a jury of, the crime of robbery, have brought the case to this court by an appeal from the judgment of conviction. The appeal is supported by a transcript of all the proceedings in the case, including the testimony. The defendants made no motion for a new trial. The points upon which reliance is placed for a reversal of the judgment are that the evidence is insufficient to support the verdict and judgment and that the court, in rulings involving questions of the admissibility of certain testimony, committed errors, the effect of which was to deny to the accused a fair and impartial trial.

The attorney-general preliminarily urges the proposition that, the defendants having failed to apply for a new trial, and, therefore, there not being here an appeal from an order refusing a new trial, the question whether the evidence supports the verdict cannot be reviewed, since, so it is contended, such question is reviewable only upon an appeal from such order. It has been held that the question whether the evidence is…