Finley

This is an appeal from a judgment of conviction of the crime of robbery. The evidence showed that the appellant entered the grocery store of Salvatore Turco in San Francisco and by means of threats with a gun robbed Turco’s person and his cash drawer and also the person of Charles A. Prince, who happened to be in the store at the time. Appellant’s co-defendant Webb sat in an automobile outside the store in aid of appellant during the robbery. Both defendants were jointly tried and were both convicted, but only Finley has appealed. A few days after this robbery Special Police Officer Green saw Webb at an oil station with a gun in his hand. The circumstances indicated that he was about to commit robbery. After a violent struggle for possession of this gun in which Webb was severely beaten, he was placed under arrest. From statements and a confession made by him the arrest of appellant followed.

The prosecuting witnesses, Turco and Prince, identified appellant as the robber, first at the police headquarters and later in court. One of the identifying witnesses who at first, testified that appellant wore a cap at the time of the robbery was afterward permitted to resume the…