McCarthy

Defendant and appellant was convicted of the crime of robbery, and from the judgment and an order denying a motion for a new trial he appeals.

The record discloses that on the 21st of January, 1910, the prosecuting witness was brutally assaulted and robbed, and that beyond peradventure defendant was guilty of the crime. It is sought to have the judgment reversed on account of technical matters connected with the trial, the most prominent being a claim that the court erred in admitting testimony tending to show that defendant had been incarcerated in the jail at San Luis Obispo county before commission of the robbery. Were this character of evidence disconnected with that tending to show guilt of the offense charged, the error would be apparent (People v. Derbert, 138 Cal. 470 , [ 71 Pac. 564 ]); but it is obvious that the object and purpose of the district attorney in proffering and making this proof was to show that defendant on the morning of the robbery, and within a few hours before the same was committed, was penniless. This was material and important, in view of the fact that upon his arrest in the evening of the same day defendant was found in possession of wearing apparel…