Tubb

-The appellant and one Erbert @ottwald were jointly charged with having committed the crime of robbery in the county of Los Angeles on or about July 6, 1927. Gottwald pleaded guilty and testified as a witness for the People. Tubb was convicted of robbery of the second degree, moved for a new trial, which was denied, and appeals from the judgment and from the ruling on said motion.

It appears that appellant at the time of the alleged offense had been employed as a general handy-man by one Weitzman, the owner of a hotel or apartment house on Beacon Street, and of a residence on Fifth Avenue, in Los Angeles city. Late in the afternoon of the date last mentioned, while the Weitzman family and appellant were seated at the dinner-table in the Fifth Avenue house, Gottwald entered, commanded them to put up their hands, took $80 and a check from Weitzman’s person, Tubb tied their hands with rope, placed a blue bandana around the head and over the mouth of each of the family, and was then in turn likewise tied by Gottwald, who entered an adjoining room and closed the door; that Gottwald opened the door several times, threatening to shoot if anyone should move, and finally escaped. Weitzman…