McNabb

Appellant herein was convicted of robbery, a felony, on January 12, 1923, and from the judgment and order denying his motion for new trial, appeals. He was charged by information with having, on or about the twenty-eighth day of April, 1922, robbed, stolen, and driven away from the possession and immediate presence of one G. Pagliano, a Peerless automobile, and with having at the same time robbed and stolen from the latter a knife, jewelry, clothing, and money, of a total value of about three thousand dollars.

Considering appellant’s exceptions to the testimony of accomplices, and his evidence tending to establish an alibi, it may be said that the principal ground upon which he seeks a reversal is an asserted insufficiency of evidence to connect him with the offense. A concise statement of the salient features of the evidence will best serve to fairly present the issues and a proper application of the law.

On the twenty-eighth day of April, 1922, at about midnight, one Pagliano and his wife were driving toward their home in Los Angeles in a gray Peerless automobile having engine number 17834, when, at the intersection of Eighth and Bro-nson Streets, three masked men drove up…