Quinn

By a separate information, each of the defendants was charged with the crime of robbery; also with a prior conviction of a felony. By stipulation of the several interested parties, the two actions were tried simultaneously. Prom a judgment of conviction, as well as from an order by which his motion for a new trial was denied, each of the defendants has appealed to this court.

The details of the story of the commission of the offense for which the defendants were placed on trial do not materially differ from those attending any other robbery of recent years in this vicinity. It is only in the remarkable facts which were presented to the jury in the defense of the defendants that one may realize the possibility, if not the probability, that an injustice to the defendants may have resulted from the judgment of the court.

A restaurant in the eastern portion of the city of Pasadena was the scene of the robbery. At the trial of the action the proprietor of the restaurant, his wife and each of two patrons of the establishment identified each of the defendants as one of the persons who committed the robbery. However, such identification of defendant Charles Lee Quinn was somewhat…