Factor

The appellant, Morris Factor, was charged by an information with the crime of robbery, duly tried before a jury, and found guilty. He appeals from the judgment entered upon the verdict and from the order denying his motion for a new trial.

The facts, as disclosed by the record, are briefly as follows: On the morning of November 2, 1931, one Anderson, a wholesale jeweler’s agent, was alone in his office in an office building in the city of Los Angeles. At about the hour of 9 :45 A. M., in response to a knock upon his office door, he unlocked and opened the door and was confronted by two men with drawn guns. They entered the office, closed the door and forced Anderson to open the safe in the office. One of the men kept Anderson covered with a gun, while the other removed jewelry to the value of some thousands of dollars from the office safe. The men were in the office for some fifteen minutes and a large electric light was lighted during a great part of the time that they were in the office. Anderson was required to sit in a chair and one of the men, who Anderson afterward identified as appellant, sat in a chair some few feet away, unmasked, while the jewelry was being removed from…