North

The appellant was convicted of robbery alleged by information of the district attorney of Los Angeles County to have been committed on or about the twenty-second day of February, 1926. A motion for new trial was presented, which was denied, and he appeals from the judgment and from the ruling upon said motion.

A witness for the People, named Arthur Niemi, testified that he and the defendant were on the date last mentioned employed by the Liggett Drug Company at Hollywood; that on the night of Washington’s Birthday the witness and one Oliver Peterson were closing the front door of the store, as the defendant entered from the rear, wearing a suit of coveralls, and a black cloth over his íiead in which cloth two holes had been cut for vision; that North pointed a revolver at Niemi and said, “Give me the money,” to which the latter replied, “There it is, help yourself”; that the defendant then indicated a closet and said, “Get in there,” which Niemi and his companion did. The latter further testified that he heard North open the safe and remove cash-boxes, heard money jingle; that as soon as he ceased to hear any sound the witness came out, directed Peterson to call the police, and…