Stoerkel

The defendant was convicted and sentenced for the crime of robbery and appeals from the judgment and order denying his motion for a new trial. The principal basis of his complaint is that the evidence is insufficient to justify the verdict, although he does assign as error the admission of certain testimony and also charges misconduct on the part of the district attorney.

At about 9:45 P. M. on the evening of May 2, 1927, two of the People’s witnesses, Arthur M. Taube and Emma A. Kropp, were held up and robbed of $118 in money and a diamond ring worth approximately $500 as they sat in an automobile on the top of a hill at City Terrace, just east of Los Angeles. Some minutes after they had stopped their machine at this point a man threw a flashlight in their face, pointed an automatic gun at Taube with the command to "Stick ’em up; I mean business.” Taube was first searched for money; then the robber went to the other side of the car and took Miss Kropp’s ring; came back again to Taube’s side of the automobile and after another search secured the remainder of the latter’s money. Both of these witnesses identified the defendant as the man, and picked him out of five or six other…