Scott

The defendant was convicted, under an information duly filed in the superior court of Sacramento County, of the crime of robbery, and has brought the cause to this court on an appeal from the judgment and the order denying him a new trial.

No brief was filed in behalf of the defendant in support of his appeal, nor was there any appearance for him and in his behalf when the cause was regularly called at the late term of this court for argument, the case having previously been regularly placed on the calendar of the court at said term for hearing and the attorney of record of the de fendant duly apprised by the clerk of this court of that fact. Accordingly, the attorney-general submitted the case for decision on the record.

[1] The people produced evidence at the trial amply sufficient to justify the verdict, such testimony having been accepted by the jury.

The robbery was committed in the early hours of the morning of March 11, 1919, in the city of Sacramento, and one Charles E. Sundahl, an elderly man, was the party robbed. It appears that Sundahl had been at the Southern Pacific passenger depot in the city of Sacramento with some acquaintances, who were waiting at the depot…