Myers

From the “verdict of the jury finding defendant guilty of robbery, and fixing the degree first degree robbery; from the order of the court denying the motion and grounds for a new trial”; and from the “judgment and sentence of the court ...” defendant appeals to this court.

There is no merit in the first point presented by appellant to the effect that the evidence was insufficient “to sustain the verdict”. An examination of the transcript of the proceedings had on the trial of the action discloses the fact that not only was defendant positively identified by the victim of the robbery in question as one of the persons who assisted in the commission of the offense of which defendant was charged, but, in addition thereto, that a witness who theretofore had pleaded guilty to the commission of the identical offense testified to facts which, if believed by the jury, clearly established the criminal connection of defendant as an active participant therein.

The fact that by the testimony of another witness who was introduced by defendant evidence was given of the presence of defendant, on the date when the offense was committed, at a place so remote from the scene of the crime that it…