Anderson

The defendants, who are husband and wife, were convicted of the crime of robbery upon an information, filed in the superior court of Sacramento County, jointly charging them with said crime. A motion for a new trial made in behalf of each of the defendants was denied, and the appeal here is by the defendants from the judgment of conviction and the order refusing to grant them a new trial.

The points upon which the defendants claim that they are entitled to a reversal of the judgment and the order appealed from, generally stating them, are: 1. That there is a fatal variance between the charge set out in the information and the evidence, in this, that the crime charged is that of robbery, whereas, the proof, if it shows that any crime at all was committed by the defendants, discloses that it was the crime of extortion and not that of robbery; 2. That error was committed in the admission of certain testimony; 3. That erroneous instructions upon the law were read to the jury by the court to the prejudice of the rights of the accused.

The theory upon which the information was undoubtedly framed and upon which, it appears clear from the record, the case was tried, was that the…