Booth

Appellants herein were jointly accused by information with the crime of robbery. The offense was alleged to have been committed on May 19, 1924, at about the hour of 1:30 P. M. At that time it is charged that both defendants did unlawfully, and through use of force and fear, take and carry away from the person of one Eugene McCormick personal property consisting of the sum of two thousand dollars, lawful money of the United States, which personal property belonged to the Oakland Bank, a corporation.

The information further charged both defendants with a prior conviction of a felony. They were jointly tried and both were found guilty. Motion for a new trial was made on behalf of both defendants. These motions were denied.

The case of the prosecution rests entirely upon the identification of the defendants as being the perpetrators of the crime.

Several grounds are relied upon for a reversal of the judgment. Both of the defendants claim that the evidence upon 'the subject of their identification is weak and far from satisfactory for which reason the errors complained of are highly prejudicial to them. An examination of the record shows that their identity was fully and completely…