Bateman

The defendant Ronald M. Bateman and one Claude Brooks were jointly charged with the crime of robbery and convicted. The defendant Brooks did not appeal. The trial court having denied defendant Bateman’s motion for a new trial, he has taken an appeal to this court from such order denying him a new trial and from the judgment of conviction, and the grounds of such appeal are as follows:

On the evening of January 2, 1926, a Mutual Creamery store, located at 2716 East Fourteenth Street in the city of Oakland, was robbed. The defendant Brooks, dressed in a brown overcoat and a gray fedora hat, entered the store in question, threatened the manager, Mary Hey, with a 38-caliber revolver, and took approximately $14 from the cash register. The manager followed defendant Brooks to the door and saw two people in a Ford coupe, which had been standing about ten or fifteen feet from the store, drive, away. Subsequently, on the eighteenth day of January, a police officer of the city of Oakland noticed a Ford coupe parked on an Oakland Street without a license plate on the rear of the car. A search of the coupe revealed a box of 32-caliber cartridges and a box of 38-caliber cartridges, together…