Schultz

The defendant was charged by information with the crime of robbery, and with having, prior to the commission of said crime, suffered two convictions of the crime of burglary. On his arraignment he admitted the charge of prior convictions to be true, but pleaded not guilty to the charge of robbery. The jury, however, found him guilty of robbery as charged, and he has appealed to this court both from the judgment and the order denying his motion for a new trial.

The only points made for a reversal are insufficiency of the evidence to support the verdict, and the alleged error of the court in giving a certain instruction as to what constitutes the crime of robbery.

The evidence for the people contained in the transcript shows without contradiction (the defendant introduced no evidence) that on the twenty-first day of December, 1908, defendant entered the jewelry store of the prosecutor, Sig Hurtig, and under the pretense of wishing to explain to Hurtig how defendant wanted a diamond transferred to a pendant attached to a necklace, induced Hurtig to hand to defendant a diamond ring from the stock of the jeweler. That while Hurtig and defendant were standing on opposite sides of the…