Parker

Defendant was charged in an information filed by the district attorney with the crime of robbery and the crime of attempted robbery, together with a prior conviction of a felony. The defendant pleaded not guilty and admitted the prior conviction. Defendant was tried before a jury which found him guilty of robbery in the first degree, and not guilty of attempted robbery, the court having directed a verdict for defendant as to that count. This appeal is from the judgment and from the order denying his motion for a new trial.

The only direct evidence tending to connect the defendant with the robbery was the evidence of the complaining witness, who testified that the light in the store where the robbery occurred was not very good; who gave a descrip tion. of the way in which the man who robbed him was dressed; and stated that he “couldn’t see very well his face”, and was not sure that the defendant was the man who held him up, but that the defendant resembled the man who committed the robbery, and that he thought the defendant was the person; and that the man was in the store for a period of about five minutes.

There was some circumstantial evidence in regard to a small yellow…