Fallai

Appellant, having been convicted of robbery in the second degree, has appealed from the judgment of conviction and the order denying his motion for a new trial. One of the several grounds urged for reversal is that the trial court erred in allowing the information to be amended at the commencement of the trial.

Before amendment the information read as follows: “ . . . Humbert Fallai is accused by the District Attorney of the said County of Alameda- ... of the crime of felony, to wit, robbery, in that on or about the 4th day of March, Á. D. 1928, at the said County of Alameda, State of California, he robbed John J. Fitzgerald of one gold watch and chain, one revolver, one pair of handcuffs and $14 more or less, lawful money of the United States, and the said Humbert Fallai was then and there armed with a deadly weapon.” (Italics ours.) Appellant did not demur to the information, but at the commencement of the trial and after the district attorney had finished his opening statement to the jury, objected to any evidence being received and asked that the action be dismissed upon the ground that the information did not charge a public offense. The particular objection made was that…