Allen

The appellant and one Leonard Moore were indicted for the crime of robbery alleged to have been committed in the city of Stockton on or about the twenty-sixth day of July, 1928. Leonard Moore pleaded guilty and appeared as a witness against the appellant. The appellant’s motion for a new trial being denied, an appeal therefrom and from the judgment of conviction was taken to this court.

Three reasons are assigned as causes for reversal. First: That the court erred in admitting testimony as to other offenses. Second: That the appellant was convicted on the uncorroborated testimony of an accomplice. Third: That the court erred in refusing to give certain instructions requested by the defendant, and in giving other instructions alleged to be prejudicial to the rights of the defendant.

The record shows that prior to the year 1928, the appellant and Leonard Moore had been acquainted with each other for a period of between four and five years; that for some period of time they had been together at intervals in the town of Truckee, where Leonard Moore was employed; that some time early in the year 1928 the appellant left Truckee for the city of Fresno, and after remaining there a short…