McCoy

Defendant was tried and convicted of the crime of first degree robbery and from the judgment of conviction and the order denying his motion for a new trial, defendant has appealed.

The restaurant of the complaining witness was robbed on October 8, 1931. Two armed men entered and stated that it was a “stick-up” and thereupon the persons present were forced into a lavatory and locked in. The robbers broke open an ice-chest which had been kept under lock and took therefrom a bag and a lady’s purse containing money belonging to the owner of the restaurant. In addition the purse contained some other articles such as rouge, lipstick, a bobby pin, a compact and a medal. The bag was stamped “Federal Reserve Bank of San Francisco C-l”. Within a day or two after the robbery police entered the room of the defendant and there found a loaded revolver similar to the one used in the robbery and also the stolen articles other than the money which had been taken from the restaurant. The defendant was arrested and iden titled as one of the robbers by the proprietor, an employee and a patron of the restaurant. The evidence showed that one Bob Shiek, a friend of the defendant, was the other robber.…