Hall

Appellants were charged by information with the crime of robbery. Each defendant pleaded guilty of the offense charged and they were sentenced to the state’s prison for the period prescribed by law. On the date set for the pronouncement of judgment, a hearing was had by the trial court under the provisions of section 1192 of the Penal Code, to determine whether the defendants were guilty of robbery in the first or second degree, as the charging language of the information did not allege facts sufficient to bring the offense definitely within the scope of the statute defining first degree robbery.

It appeared on the hearing that they had entered the office of a Dr. Long, and robbed him of the sum of $206 and other personal property. After committing the crime they tied their victim with a rope and departed. Appellant Russell was captured a few moments later and a revolver and blackjack were found upon his person, together with the stolen property. Appellant Hall was arrested shortly thereafter and he admitted to the arresting officers that he participated in the robbery and further that he was armed at the time with an automatic pistol loaded with seven bullets. Both defendants…