Irby

Defendant was convicted of robbery under an information in two counts. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

It is not necessary, for the purposes of the decision which we are about to render, to state even in a general way the facts involved in the second count of the information, and we shall recite but briefly, as a preface to certain portions of the record which we must state circumstantially, the facts upon which the first count is based. The name of the prosecuting witness is Solovich. At the time of the occurrences upon which the information rests he had resided at a certain apartment house, with one Harrigan as a room-mate, for nine years. Solovich’s story is that on a certain evening he was on his way home and stopped to look at a show window near the apartment house in which he lived; that he was there accosted by appellant, who made the assertion, that they had met before—although Solovich says they had not—that appellant persuaded Solovich to spend the night with him at a hotel about a block distant from Solovich's place of residence, and that when they got into the room at the hotel…