York

Appeal by defendants from judgments convicting them on two counts of first degree robbery, entered upon verdicts of a jury, and from orders denying their motions for new trials.

On August 24, 1932, a branch of the Bank of America in Los Angeles was the scene of a holdup. Four men entered the place about noon. Two of them, with guns, entering through the manager’s compartment, took the money from the cages of two tellers. In the meantime the leader of the gang ordered Mr. Ord, the manager, to the back of the bank. The latter started for the rear, but suddenly picked up a gun and shot the two men who were robbing the tellers. The fourth man, afterwards identified as defendant Turcott, then shot teller Read and all four rushed out of the bank. On the outside the two who were shot by Ord fell dead, and the other two jumped into a waiting automobile at the wheel of which sat a man later identified as defendant Lamey.

In addition to the offenses upon which they were tried, defendant Turcott was charged in the information with a prior conviction of robbery and Lamey of two priors, grand larceny and forgery, as to which prior convictions both pleaded guilty.

Appellant Turcott urges (1)…