Shaffer

The defendant was convicted under two counts of the information charging robbery and burglary. Judgment was rendered on each of said counts. Defendant appeals from the judgments and from the order denying defendant’s motion for a new trial.

On July 10, 1926, about the hour of 9:3Q P. M., a man wearing a burnt-cork mask entered the store of R. C. Welliver in Los Angeles, drew and cocked a revolver, held up the occupants of the store, thereby obtaining a cheek for $56.88, together with other cheeks and money. On July 12th the defendant, having indorsed the above-mentioned check, deposited the same in an account which he opened with the Citizens Trust and Savings Bank. Welliver and Brownell, two of the occupants of the store, gave testimony tending to identify the defendant. The defendant’s landlady testified that the defendant was absent from home between the hours of 7:30 and 10:30 P. M. on July 10th, and that upon his return he washed his face and hands. The officer who searched the defendant’s room testified that he found a Colt .45 revolver loaded with five shells, a leather holster and belt with thirteen cartridges, and a braided leather sap. The confession of the defendant…