Barnett

Defendant appeals from a judgment of conviction of the crime of robbery in the first degree. The ground of appeal is the alleged insufficiency of the evidence to warrant the verdict.

The complaining witness, upon reaching his home, was informed of a telephone message requesting him to go to the apartment of Miss Harris, a place where he had frequently called before. The message said that a party was in progress. He went there. Miss Harris was not at home, but was out of town and in Del Monte. He was admitted by a man and was almost immediately attacked by two men who robbed him, bound his hands and feet and threatened to shoot him. One of the robbers remained behind him. He could not be described to the police. The other robber worked in front. The complaining witness’ description of this man to the police and to Miss Harris subsequently led them to declare in the presence of defendant that the description was that of a man known as “Slick,” who was a friend, companion, and “partner” of the defendant. Slick was never found after the robbery. The complaining witness worked himself free from his bindings after the robbers left him lying upon a bed in the apartment. Hé gathered…