Osaki

The appeal is from the judgment of conviction of the crime of robbery and from the order denying defendant’s motion for a new trial.

It is admitted by appellant that the record is unusually free from error and only two points are made by him, both, of which we deem devoid of substantial merit.

As to the sufficiency of the evidence we need do no more than to call attention to the testimony of Frank Brooks, the prosecuting witness, in connection with a few admitted facts: Defendant and his codefendant, M. Osaki, conducted a small restaurant in the city of Stockton. On December 27, 1913, Brooks went into said restaurant, between 8 and 9 o’clock, to get something to drink—“some ginger and hot water— maybe a little whiskey.” As he started to go the defendant caught him by the coat in the door and “he says ‘you can’t go out until you pay for it’; I says ‘I am just going to step to the door here, coming right back,’ so I went back and paid it, then went out and got my drink and came back and my coffee I thought was not quite hot enough for me”; then, after a dispute as to whether a nickel was due from Brooks, he laid it on the counter and said: “There is your nickel” and started to go…