Bigelow

The appellant, a negro, was convicted of the crime of robbery; he made a motion for a new trial; his motion was denied and he has appealed. In his opening brief he makes two points: (1) the uncontradicted evidence on the trial of this case is wholly insufficient to justify or sustain the verdict, and (2) the court erred in denying defendant’s motion for a new trial.

To present both points the attorney for the appellant has been at much pains to state in narrative form the evidence. While, as we have quoted it, his main point regarding the insufficiency of the evidence is stated in very broad language, the appellant’s exact claim- is that the evidence was insufficient to prove that he committed the robbery in question. We make this statement in the beginning to simplify the record and because the record shows, without any contradiction whatsoever, that on the evening of the twenty-seventh day of November, 1922, at and in his garage in San Francisco, Milton A. Rosenbaum was robbed, and at that time there was taken from him by the robber money in the sum of $16.50, one yellow metal wrist watch, one white metal ring set with one white stone, one overcoat and one fountain-pen, all of…