Cherry.

The defendant in the court below and appellant herein was tried and convicted on a charge of robbery. On the twenty-ninth day of June, 1915, the prosecuting witness, Herman Hirsch, met Mrs. Hazel Cherry, the wife of the appellant herein, in the city of Oakland, who invited him to visit her home. A few days thereafter the defendant did- so, and, after being there a short time, was induced by Mrs. Cherry to enter her bedroom. Mrs. Cherry seated herself upon the bed, and upon her invitation Hirsch did likewise, when- almost immediately the defendant rushed in, revolver in hand, and after threatening to send Hirsch “over the road for ten years, ’ ’ took from him- a watch and one hundred dollars. The defendant, however, almost immediately returned the watch, and then ordered Hirsch to leave the house.

At the trial the defendant’s wife was a witness in his behalf, and, upon the argument of the cause to the jury, the district attorney during the course of his remarks, said: “Take into consideration the interest which the defendant’s wife has in this case, keeping in mind all the time that she is under arrest at the present time and out on bail.” Counsel for the defendant concedes that…