Chiappari

The three defendants were tried jointly upon an information framed in two counts, one charging robbery and the other charging rape. The jury returned a verdict of guilty upon the second count, having failed to agree as to the charge of robbery. Judgments following the verdict were entered in each instance on September 30, 1925, and three separate appeals were taken based upon one typewritten transcript filed November 6, 1925. These appeals are, from the judgment and the order denying a new trial as to each of the three defendants. On June 10, 1926, a brief was filed on behalf of the defendant Chiappari and, upon request of his counsel, the time was extended to enable him to file briefs for the other defendants, but these briefs have not been filed.

The facts of the case are recited in People v. Piero, 79 Cal. App. 357 [ 249 Pac. 541 ], and nothing would he served by repeating them here. It should be stated; however, that the defendants Ghio and Piexotto were members of the original party which picked up the prosecutrix on the streets of San Francisco and took her to the Brighton Beach Cafe in San Mateo County; that the defendant Chiappari joined the party at the cafe and that he,…