Grace

E. V.Grace, also known as Thomas Lacey, and Robert Newell were jointly charged with the crime of robbery. Newell finally pleaded guilty and Grace pleaded not guilty. The trial of Grace then proceeded and he was adjudged guilty. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.

During the course of the proceedings leading to his conviction appellant was before several judges of the superior court. Both he and Newell were arraigned before Judge Keeteh on April 20, 1925. Newell then entered a plea of not guilty and his trial was set for May 22, 1925. The minutes of the court on that occasion show the following as to appellant: “Defendant Bari B. Grace stands mute, and plea of ‘Not Guilty’ is ordered entered by the Court and trial set for May 22, 1925. Defendant Earl B. Grace is granted trial as to his sanity, which trial is set for April 29, 1925.” The title of the cause preceding these minutes, and also the minutes recording Newell’s plea and the setting of the day of his trial, is “The People of the State of California vs. Robert Newell and Thomas Lacey.” The next appearance of appellant was before Judges Keeteh and Reeve,…