Hirschler

The district attorney filed an information against Paul Hirschler and Edward Haight which purported to plead against both defendants the charge of robbing A. F. Bouvier and George Deline. The information alleged two counts and further alleged that both acts were part of one transaction. The defendants pleaded not guilty and a trial was had before the trial court sitting with a jury. The jury returned four separate verdicts, finding each defendant guilty on each count. The defendants each made a .motion for a new trial. The motions were denied. The defendant Hirschler has appealed from the order and judgment and has brought up a typewritten record.

The charging part of each count in the information followed the same form. That in the first count alleged that “they robbed Alfred F. Bouvier of one purse containing $44.80, more or less, lawful money’ of the United States, one California Diamond Jubilee 1925 one-half dollar and one United States 1872 half dime.” The alleged offense was committed on the eleventh day of September, 1928, and the information was filed October 16, 1928. The defendant contends (1) that the elements of force and/or fear are lacking and no substitution for…