Whitacre

The grand jury of Los Angeles County indicted the appellant and one Vincent Marsiglia, charging them jointly with having committed grand larceny and robbery in said county, on or about January 18, 1924. Appellant was tried alone upon two counts of the indictment and was convicted. A motion for new trial was thereafter presented, which was denied, and this is an appeal from the judgment and ruling upon said motion.

There is no dispute as to the robberies having been committed, as alleged and as shown by the evidence, appellant’s sole defense being that he was not in Los Angeles County at the time of their perpetration. It appears from the testimony of the People’s witnesses, H. C. Smith and George L. Smith, that while they were driving into the city of Inglewood, on or about the above-mentioned date, they were stopped by a Japanese, who was soon joined by the defendant Marsiglia, and were conducted to the rear room of a building occupied by said Japanese and his family. Both of the Smiths testified that as soon as they entered the building this appellant threatened them with a revolver, commanded, “Stick up your hands,” and held them at bay while Marsiglia searched them; that…