Bennett

Appellant was tried on an information charging him with the crime of robbery. He was convicted of robbery in the first degree and from the judgment fol lowing the verdict and from the order denying a motion for a new trial he prosecutes this appeal.

The facts of the robbery were not controverted, but were admitted by the defendant at the time of his arrest. On the tenth day of October, 1925, the defendant and a companion entered the offices of a practicing physician located in the Garfield Building on Market Street, San Francisco, and, leaving his companion in the waiting room, the defendant knocked at the door of the physician’s private office. When the door was opened he pointed a gun at the physician and commanded him to raise his hands. He then forced the physician to the floor, bound him with a cord, and took property from him of the value of over three thousand dollars. His companion and he then departed from the offices, but were immediately overtaken by the physician and a young lady who followed them downstairs to the second floor, where they all took the elevator to the street. The defendant and his companion then ran, followed by the physician and this young lady,…