Goltra

Appellant was convicted of the crime of robbery in the first degree. Prom the judgment pronounced upon him and from the order denying his motion for a new trial, he has prosecuted this appeal.

The information filed by the district attorney of Riverside County charged appellant with the crime of robbery accomplished by means of force or fear on the twenty-ninth day of December, 1930, and alleged a previous conviction of a felony. Appellant went to trial on his plea of guilty to the prior conviction, and of not guilty to the offense charged.

The evidence shows that Charles E. Ives was in charge of a one-man car of the Pacific Electric Company operating in the city of Riverside on December 29, 1930. Shortly before 8 o’clock on the evening in question Ives reached the southern terminal of his run near Jurupa Avenue in the city of Riverside. He alighted from his car and proceeded to change his trolley for the return trip. While doing this he observed two men walking toward him. When he had reached the rear of the car and was attempting to place the trolley upon the wire, one of the men thrust something hard like a piece of iron into his back and told him to raise his mds and keep…