Mellody

Appellant was, with others, charged by indictment with the crime of robbery alleged to have been committed on or about the second day of March, 1925. He was tried, convicted, and sentenced to the state prison at San Quentin. A motion for a new trial was made and denied, and this is an appeal from the order and judgment. Briefly the evidence shows that defendant entered the office of one Dr. Koenigstein, struck him on the jaw, and by putting him in fear through the display of a revolver, robbed him of his watch, valued at $250, a diamond ring valued at $1,200, a diamond pin valued at $325 and $45 in cash. After being relieved of his property the doctor was thrown to the floor, his hands and legs were tied and he was gagged and left there, being threatened with death if he moved. A short time after the commission of this offense appellant was committed to a detention hospital for the purpose of being examined as to his sanity and later was committed to the state hospital at Stockton, from which institution he escaped. At the trial Dr. Catton, a professional alienist, was-called as a witness both on behalf of the defense and the prosecution. He testified he had examined the defendant…