Borra

The defendant was convicted of robbery of the second degree and has appealed from the judgment which was entered in accordance therewith. The robbery is alleged to have been accomplished by means of force and fear.

The appellant asserts the judgment is not supported by the evidence for the reason that the record discloses an absence of proof of either force or fear in the perpetration of the crime. - The contention is without merit. There is ample evidence the robbery was accomplished by means which caused fear on the part of the owner of the property.

Mr. Ilcar owns and operates a grocery business on 12th Street in Sacramento. About 11 o’clock in the forenoon of August 20, 1931, the defendant entered his store. The right hand of the defendant was thrust into his coat pocket in such a manner as to indicate that he held a concealed revolver. The defendant was promptly recognized by Mr. Ilcar as the same individual who had held him up and robbed him at the same store a few days previously. The merchant testified: “I started to go out and pull the awning down, and this Joe Borra walked right in the store and pointed at me like that (indicating), and stuck me in the side^—ribs, and…