Jones

Defendant was charged by information with the crime of robbery, under two counts. The jury returned a verdict of guilty of robbery in the first degree on each count. A motion for new trial having been denied and judgments rendered on the verdicts, defendant appeals from the order denying said motion and from the judgments.

Appellant does not contend that the evidence is insufficient to warrant a conviction of robbery on both counts, but urges that the court erred in admitting as evidence an overcoat and a gun found near the scene of the second robbery, claiming that there is no evidence to connect them with him. There is no evidence that appellant himself used a gun at any time on the evening in question.

The evidence presented by the prosecution shows that on the evening of November 21, 1930, defendant and another man, who was not arrested, held up a gasoline station at Pico and Arlington Streets, Los Angeles, operated by one Howard A. Francis, and thereafter and at about 9 o’clock P. M., at 1607 Oak Street in the same city, the same parties held up another station, operated by W. L. Nielson. While this second holdup was being perpetrated a policeman fired on the defendant,…