McNett

The appellant Clyde McNett was jointly charged with one Adna J. Davis by an information with the crime of attempt to commit robbery and was convicted by a jury and was by the court sentenced to serve a term of twenty years in the state prison at Folsom. The codefehdant Davis had previous to the trial of McNett pleaded guilty.

McNett has appealed from the order denying his motion for a new trial and from the judgment and sentence of imprisonment.

In a general way the facts as shown by the evidence disclosed that on the night of September 15, 1924, an attempt was made to hold up a roadhouse in Sacramento County, known as the Plantation Inn. Information that the holdup would be attempted had been received by the sheriff’s office, and five deputies from that office were sent to the scene and were there at the time the attempted robbery took place. Two of the deputy sheriffs, Brady and Murphy, were stationed inside of the building with P. W. Pedelty, manager of the inn; the other three deputies, Robbins, Bryant, and Garibaldi, being at the time in the oil station near the Plantation Inn. At about the hour of midnight, according to the testimony, an automobile drove up to the place…