Hansen

Defendant was charged with robbery, the jury returning a 'verdict of guilty. From an order denying his motion for a new trial and from the judgment entered on said verdict he has appealed. No question is raised as to the sufficiency of the evidence to sustain the verdict and judgment, but appellant urges that the court erred in giving certain instructions and in refusing to give others requested by him.

The arrest grew out of the robbery of a drug-store in Los Angeles on the evening of July 19, 1932. According to the testimony for the plaintiff, three men entered the store. Two of them, with guns, forced the occupants to face the wall in the back room, while the third took money out of the cash register. Appellant was not identified as being one of the three inside the store, but was identified as being on the outside, and, in company with the three, as having run to a ear near by, with the driver, all of whom jumped into the car which was driven away. Evidently the witnesses, although they identified the appellant, failed to identify a man who pleaded guilty to being one of the three in the store.

Appellant requested an instruction on the presumption of innocence, which was…