Razo

This is an appeal by the defendant from a judgment of conviction of the crime of robbery. The appellant presents three points upon the appeal. We shall discuss them in the order in which they are urged. The first is that the cross-examination of the complaining witness Scott upon a vital fact was improperly and unnecessarily limited by the trial court. Scott testified that on November 14, 1918, at about 10 o’clock in the evening, he was walking along the street in Oakland when he was attacked by the defendant and another person; that the defendant knocked him down and ent him with a knife and the other person searched his pockets and took from them two coins, a five and ten cent piece. Appellant argues that as it was necessary for the state to prove that the defendant actually took some property from Scott, that, therefore, the question of whether Scott actually had the coins becomes decisive. He urges that the excluded questions were directed toward this matter and should have been allowed. But this matter was testified to repeatedly by Scott upon his cross-examination. He said he had a Canadian dime and a nickle in his pocket when he left his home, a few moments before the…