Remington

The appellant Remington and one Shevlin were jointly charged with the crime of robbery. Remington, who was found guilty as charged, appeals from the judgment of conviction and likewise from an order denying him a new trial.

It is charged in the indictment that the two defendants, armed with a pistol, a dangerous and deadly weapon, feloniously and through the use of force and fear took from the possession and immediate presence of one P. N. Fox the sum of $6,373, lawful money of the United States, which belonged to the First National Bank of Watts. The robbery, which seemingly °is conceded to have been committed by someone, was perpetrated in the vault of the bank on August 29, 1924. Remington denied that he was the robber or that he had aught to do with the crime, and sought to prove an alibi. He was, however, positively identified as the robber by two of the bank’s employees—Fox, the assistant cashier, and one H. F. Logan. That both of these witnesses had ample opportunity to become familiar with Remington’s general appearance and identifying marks, if any, is shown by the following circumstances to which they testified: Two days prior to the robbery, at about the hour for…