Vejar

The appellant was charged by information with robbery by force and fear, was convicted of robbery in the first degree, and his motion for a new trial having been denied, appeals from the judgment and order denying said motion.

It is conceded that on or about November 19, 1926, appellant and two other men went to the home of one Nick Zitko, in the city of Los Angeles, and unlawfully obtained from the latter a diamond ring and forty-five dollars in money. The complaining witness testified that Vejar pointed a gun at him, forcibly removed from his finger a diamond ring worth four hundred dollars, and took from his pocket the money in controversy; that the defendant at the same time exhibited a police badge, demanded the witness’ keys which were handed to the other men, both of whom left the room, but soon returned, and all three departed. Although Vejar testified that he was not armed, another witness Mrs. Gallagher, said that when the defendant appeared at her home next door to Zitko’s, he inquired as to the latter’s place of abode, and that she saw the handle and trigger of a revolver in defendant’s back pocket on the right side. This evidence is sufficient to sustain the verdict.…