Brennan

The appeal in this ease was taken from a judgment of imprisonment and an order denying defendant’s motion for a new trial.

The appellant was accused by the information of the district attorney of the county of San Bernardino of the crime of robbery, alleged to have been committed on the twenty-sixth day of May, 1917. Two points only are made upon this appeal as furnishing reasons why the judgment and order should be reversed. We find no merit in either contention.

1. It is claimed that the evidence was insufficient to establish the fact that the crime of robbery had been committed as alleged. Our attention is directed to the testimony given by the. complaining witness. This witness testified that on the twenty-sixth day of May, 1917, he had been drinking at saloons in the town of Needles and was standing in front of one of these saloons when he was accosted by some person who said to him, e‘A couple of parties want to see you back behind. ’ ’ He had seen this • appellant in company with two other persons during the day and had several times displayed money in their presence. In response to the request, he went to the rear of the saloon where, he says, this appellant jumped upon…