Poggi

This is a bank robbery case. The crime was committed by one Crowley together with another man who, according to the contention of the prosecution, was the defendant Poggi. The defendant having been convicted appeals from the judgment and from the order denying his motion for a new trial.

The evidence is amply sufficient to prove that appellant was present at the time and place of the robbery, and that, he took part in that proceeding. Only three points are suggested in support of the appeal. These are that the court committed prejudicial error in admitting in evidence a gun which was not positively identified and' was not found in possession of the appellant; that the trial judge was guilty of misconduct in certain comments made by him; and that testimony of the said Crowley was improperly admitted.

The gun thus received in evidence was shown to have been found (one week after the date of the robbery) in an apartment occupied by appellant and his wife. It was not otherwise shown to be the property of appellant. The only evidence that it was a gun used at the robbery consists of testimony of witnesses who, when this gun was shown to them, said that it was similar to the gun used…