Cain

The appellant was convicted upon an information charging that he did wilfully, unlawfully, feloniously and forcibly take from the person of one J. A. Olson, lawful money of the United States of the value of $20. That the taking was accomplished by means of force, and at the time of the taking appellant was armed with a deadly "weapon, to wit, an automatic pistol. From the judgment following the conviction, the defendant appeals, and presents for our consideration an alleged error on the part of the court in permitting a certain automatic pistol to be admitted as an exhibit in the cause. No briefs were filed; no other objection was made upon oral argument to any of the rulings of the court, nor to the instructions given by the court to the jury.

The record shows that J. A. Olson was the keeper of a gas filling station at Alhambra Boulevard and 0 Street, in the city of Sacramento. That on or about the eighth day of March, 1932, at about 10 o’clock in the evening, while Olson was sitting in the service station just referred to, reading a story in the “Saturday Evening Post”, the defendant pushed open the door leading into the room where Olson was sitting and commanded him to put up…