Yates

Defendant was convicted on the charge of robbery. He appeals from the judgment and from the order denying his motion for a new trial.

Briefly, the evidence shows that as a messenger from a station of the Pacific Electric Railway Company located at the city of Sherman approached a bank with approximately four thousand dollars in cash in his possession, for the purpose of depositing the money in the bank, he was halted by two men named Hanna and Goslyn, respectively, who ordered the messenger to place the money in an automobile in which the two men had been riding—at the same time telling the messenger that he was “covered” with a pistol by a third man who was standing across the street from the place where the messenger was being robbed. The messenger complied with the order, and the "two men, Hanna and Goslyn, escaped, but were shortly thereafter arrested and subsequently convicted of the crime of robbery.

On behalf of the People, Goslyn testified to the details of the robbery as committed by him and Hanna with defendant Tates as the “lookout.”

A witness by the name of Moore testified, without objection thereto, that about fifteen days before the robbery occurred defendant had…