Taylor

The defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial. He was jointly indicted with Jeff Rodgers (also known as Jeff Galbraith), A1 Moore, Rex Robinson, and Harry Walker (also known as Jimmy Walker), but was separately tried for the reason he was not apprehended until some months after Rodgers, Moore, and Robinson had been tried and convicted.

On the night of January 13', 1923, a café named “The Pergola,” near Hayward, Alameda County, was “held up” by several masked bandits and about 250* of its patrons were robbed. According to the evidence offered by the People, the conspiracy to rob the place originated in Modesto. One George Ducker was hired by Moore to convey him and Rodgers and appellant in Ducker’s automobile to Oakland, where Robinson and Walker were picked up, and then all were driven to the scene of the robbery. Ducker waited near by in his machine while the robbery was in progress and afterward drove the entire party back to Modesto, where the fruits of the robbery were divided and the party disbanded.

The appellant offered no testimony in his own behalf, having rested his case upon the…