Yeoman

Defendant appeals to this "court from a judgment of conviction of the crime of robbery, and from an order by which his motion for a new trial was denied.

Appellant frankly admits that the rulings by the trial court “on the introduction of evidence were fair”, and that no error was committed by it either in the giving of instructions to the jury or in rejecting any of the instructions which were offered by defendant. His sole complaint herein is that the evidence adduced on the trial of the action was insufficient to support the verdict and that the verdict is contrary to the evidence. For the prosecution, but a single witness positively identified defendant as one who, with another person, actively participated in the commission of the crime of which defendant was accused, although, aside from generalities, the witness was unable to describe in what manner defendant was clothed at the time the robbery occurred. However, comparing the appearance of defendant with that of the person who concededly assisted in the commission of the robbery, another witness testified that defendant “was the same type of man; ... his general physical appearance was similar”; but that the witness…