Sampsell

Appellants were indicted by the grand jury of Alameda County for the robbery of the Dwight. Way branch of the Bank of America, located on the corner of Dwight Way and Shattuck Avenue, Berkeley. The indictment charged also that the appellant Sampsell had been previously convicted of robbery and bigamy, and that the appellant McNabb had been previously convicted on two charges of robbery. They pleaded not guilty to the present charge and admitted the prior convictions, and upon trial the jury found them guilty of robbery in the first degree. Following the denial of motions for a new trial they were sentenced to imprisonment in the state prison for the term prescribed by law, and they now prosecute this appeal jointly from the judgments of conviction and the orders denying their motions for a new trial.

Appellants first challenge the legal sufficiency of the indictment, contending that it fails to state a public offense; or if a public offense be charged, it is that of larceny and not robbery, and that therefore, having been found guilty of robbery, they were convicted of a crime with which they were not charged. We find no merit in either point. The indictment is in the short form…