Gourdin

Defendant Gourdin, together with one Farrell, was accused of the crime of robbery. Both were convicted on each of the two counts of the information. The court granted to Gourdin a new trial on the second count, and denied his motion for a new trial on the first count. From the judgment and order, relating to the first count, Gourdin appeals.

The witness Payne, who was robbed, clearly and positively identified Gourdin as the man who took his money and watch. There is no contradictory testimony, except that Farrell testified that Gourdin was not with him during certain hours of the night which included the time of the robbery.

The chief complaint of appellant now is that, as he alleged in his affidavit on motion for new trial, his attorney at the trial (who is not the attorney on this appeal) was drunk and that by reason of drunkenness he did not protect the rights of his client; especially, that said attorney refused to allow appellant to produce evidence which would have proved that at the time of the robbery he was present at a place far distant from the place where the crime was committed.

On the face of the record, the cross-examinations conducted by appellant’s attorney,…