Kalpakoff

Appellant and two others were tried together and convicted of the crime of robbery of the first degree, committed as follows: On the twenty-eighth day of December, 1929, in the night-time, the defendants, in a drugstore of one G. IT. Brown, forcibly took from the possession of Brown the sum of $79. It was shown that appellant at the time of the commission of the crime was armed with a deadly weapon, a 32-caliber revolver.

The “reasons for reversal” as listed at the beginning of the brief are as follows: That the court erred in admitting gun Exhibit 1; that the court erred in sustaining objection of district attorney to a question propounded to the witness Paul Kalpakoff, brother of appellant; that the decision is contrary to the law and the evidence; that the court erred in overruling an objection of appellant to a question pro pounded to the witness Lockhard; that the court erred in denying appellant’s motion for a new trial.

A trial by jury having been duly waived, the case was tried before the court without a jury. The witness .Brown testified that at the time of the robbery he saw a gun in the hand of appellant. A 32-caliber gun was exhibited to the witness and he identified…