James

The defendants James and Whitfield were convicted on an information charging robbery as stated in count two of the information. Counts numbers one, three, four, five, and six were dismissed during the trial on motion of the district attorney. Their eo-defendants Reynolds and Sampson were acquitted. From the judgments of conviction and the order denying their motion for a new trial this appeal is taken by defendants James and Whitfield.

Count two of the information charged all four defendants with robbery of the cashier of the Toloma Creamery Company, in the city of Los Angeles, on March 31, 1928. The cashier and two of his assistants identified the two defendants Whitfield and James as being the two men who perpetrated the robbery. Another witness testified that she was present when all four of the defendants returned from the robbery and that she saw them divide the money.

Reversal of the order denying a new trial and reversal of the judgment is sought on account of certain questions asked by the district attorney, in which he attempted to cross-examine one of his own witnesses, Gerald Reynolds, who was the brother of defendant Leo Reynolds, who was found not guilty. Objection…