Brock

The defendant was tried and convicted upon an information charging, in one count, that on or about the twenty-eighth day of February, 1926, the said defendant did burglariously, etc., enter a certain dwelling-house belonging to and occupied by one W. A. Lillard, in the county of Yolo, state of California; and in a second count, charging that the defendant, at the same time and place and in the same residence, in the immediate presence of W. A. Lillard and others, did commit the crime of robbery, in that the said defendant did unlawfully, forcibly, etc., take from the person, possession, and immediate pres-. ence of the said W. A. Lillard and others, certain personal property consisting of lawful money of the United States, firearms and jewelry, all of the value of about one hundred dollars, lawful money of the United States. The information was sufficient in form and substance to charge the defendant with the crime of burglary and also with the crime of robbery. The defendant’s motion for a new trial being denied, an appeal is prosecuted therefrom, and from the judgment of conviction entered upon the verdict of the jury. This is the second trial of the defendant upon the…