Jenkins

The defendant in this case is charged by information with the crime of robbery. The jury returned a verdict of guilty of robbery in the second degree. This appeal is from the judgment of conviction and from an order denying defendant’s motion for a new trial.

It appears that on the twelfth day of June, 1931, the defendant was running a “Beer Garden” situated about two miles east of the city of Brawley, in the county of Imperial, state of California. The defendant was present in the early part of the evening and was engaged in dealing a gambling game called “Twenty-One”. About midnight the defendant left the place and returned about 12':30 A. M. About 1:30 A. M. or thereabouts, two masked men, armed with shotguns, returned to the premises. One of the armed men was recognized as the defendant. The defendant stuck his shotgun against the back of the complaining witness Abraham and ordered him to put up his hands. While the defendant held the gun the other masked man took $50 and some papers from Abraham’s pocket. Notwithstanding the disguise that the defendant assumed, he was recognized by five persons who were in and about the defendant’s place on the occasion in question. The…