Grace

The defendant Earl V. Grace was charged by an indictment filed by the grand jury of Los Angeles County with the crime of robbery. From a judgment of conviction and the denial of his motion for a new trial he makes this appeal.

Events happening in connection with the robbery and the arrest of the defendant material to this appeal may be briefly stated as follows: About 9 o’clock on the evening of February 28, 1925, the complaining witness, A. J. Maes, who was engaged in the grocery business in the city of Los Angeles, was going to his home, which was located a short distance from his place of business. Just as he left his grocery store he was met by two men, one of whom accosted him and made some remark about paying him a bill. • Maes recognized this man as a neighbor by the name of Newell, but was evidently suspicious of the men, for without to reply, he continued on to his home. Just as Maes reached the front porch of his house, which was about forty feet from the front sidewalk, his attention was attracted by the two men following him. As he stepped on his porch, one of these men, whom Maes states was the neighbor Newell, demanded his money, while the other man, a stranger to…