Marsh

Defendant was convicted by verdict of a jury of robbery in the first degree and burglary in the first degree, both offenses arising out of the same transaction.

The evidence for the People showed that, about 12 o’clock on the night of April 21st and 22d, Dr. J. D. Dunshee, his wife, Mrs. Erol R. Dunshee, his son, Wade A. Dunshee, and Mrs. Byrd Ells were at the doctor’s home. The doorbell rang and, when the doctor went to the door, one Vincent Marsh said he would like to see the doctor. When the doctor invited him in two other boys stepped into the house with him and at the same time Marsh pointed a gun at Dr. Dunshee. Marsh told the other two boys to go ahead and they went down the hall and returned about ten minutes later. Marsh ordered Dr. Dunshee, the ladies and son into a closet and, after remaining there about ten minutes, the party left the closet, at which time the doctor saw the three men run to their car. An automatic pistol, some $3 in change, a health officer’s badge, a watch and a can of alcohol were stolen by the robbers. The watch was later found in a pawnshop where it was pawned on April 22d by one Lawrence H. Markell who testified that he did so for appellant from…