Dean.

This is an appeal by the defendant Robert G. Dean, from a judgment entered upon a verdict of a jury finding him guilty of robbery.

Briefly, the facts are as follows: Robert G. Dean and Joseph A. Neff were living together in Oakland prior to February 5, 1923, the date of the crime for which defendant was convicted. During the early part of January, 1923, Dean spoke to Neff about the commission of some crime, without discussing any details. The substance of this conversation, as testified to by Neff, was as follows: “He said that he had met a friend of his that knew of a job, as he called it, to he pulled, but that they would not be able to do it because they had to have another party and wanted to know if I would consider taking part in it and I admitted I did and it was dropped then for the period -of about another week, when it was brought up in about the same way.” About a week later Dean again asked Neff if he was willing to go in on the “job:” Neff signified his willingness and Dean said the other man wanted to meet Neff. Later Dean introduced Neff to this other man whose name was given as James Carroll. At a subsequent meeting of these three Carroll discussed in detail the…