Mullen

Defendant was convicted upon a charge of robbery. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The evidence shows without dispute that the prosecuting witness, one Scobie, was walking along the sidewalk of a well-lighted street in the evening, when a man stepped from his concealment behind a palm near the sidewalk and asked Scobie for a match. He replied that he had none. Thereupon the lately concealed man leveled a “gun” at Scobie and commanded him to “stick them up.” The latter raised his hands above his head, but at the same time hurried toward an automobile which was standing 'by the curb twenty-five or thirty feet from where the hold-up occurred and in the direction toward which Scobie had been walking. The car was a Ford touring car. The motor of the vehicle was not running, but one of its doors was open, and a man, later identified by Scobie as the appellant, was seated at the steering-wheel. As Scobie approached the Ford the highwayman kept along with him and pressed the muzzle of the “gun” against him from 'behind. When Scobie came close to the car he said to appellant, “This is a hold-up,- would you…