Haughey

Appellant was charged jointly with William L. Rhinehart and two others named Gleason and Robinsqn with the crime of conspiracy to commit a series of robberies, together with the commission of five separate offenses of robbery. Appellant and Rhinehart were found guilty of the offense first mentioned, the former being also convicted on three of the robbery counts. The jury disagreed as to his guilt on the remaining counts and the trial court set aside the verdict on two of the robbery charges. A motion for a new trial was denied, from which order and from the judgment the appeal was taken.

Appellant urges as grounds for reversal an insufficiency of the evidence to sustain the verdict and that the court erred in its rulings on objections to the admission of evidence and its instructions to the jury.

Gleason and Robinson, who were offered as witnesses for the prosecution, testified in substance that they, with appellant and Rhinehart, planned the commission of a series of robberies which were perpetrated by them; that appellant’s part therein was to telephone to prospective victims and ask for immediate delivery of illicit liquor to a fictitious person at a certain address; that…