Norris

The defendant was convicted of the crime of robbery in the first degree, upon an information filed against him by the district attorney of San Joaquin County, charging that the defendant on or about the twenty-eighth day of February, 1933, wilfully, feloniously, etc., held up and robbed the occupants of a certain roadhouse known as and called the “Five Mile House”, situate in said county. The roadhouse in question is situated about five miles north of the city of Stockton.

The record discloses that the defendant and one George Hibbitt, a negro, participated in the robbery, and at the trial of the appellant in this action Hibbitt, who had previously pleaded guilty and been sentenced to Folsom, told the whole story of the transaction. This record discloses that the appellant and Hibbitt had been acquainted with each other for some years, had worked together in Stanislaus County at a place near Los Banos, and for the same employer. The record further shows that on Sunday evening, February 26, who testified in the cause, to wit, Art Fuller and H. W. Lambert, were walking along on one of the streets -in the city of Stockton, the appellant recognized Hibbitt, who was sitting on a porch…