Covington

The appellant was charged by an information filed by the district- attorney of San Diego with the crime of robbery. To this charge he entered a plea of not guilty, and was thereafter tried by a jury and found guilty of the crime of robbery in the first degree. He thereafter made a motion for a new trial, which motion was by the court denied and judgment pronounced in accordance with the law. The appeal is taken from the judgment and order denying his motion for a new trial. It appears by the evidence adduced on behalf of the People of the State of California that on June 6, 1931, between the hours of 10 and 11 o’clock P. M. the Hazard Dining Car Restaurant, located at the corner of Kettner Boulevard and Lanrel Street in San Diego was robbed by two men, one of whom was afterward identified as appellant. The owner of the restaurant, John Sgobassi, and a waitress in the restaurant, Shirley Trow, both identified appellant as one of the men who held them up at the point of a gun and removed about $125 from the cash register. According to the testimony of the witness Shirley Trow appellant and another man entered the Dining Car Restaurant at about 10:20 P. M. on June 6, 1931, and sat…