Hudson

Defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial.

From the record it appears that the complaining witness was an employee in charge of a gasoline and oil service station located at the town of Upland, in San Bernardino County, and in that connection he had the custody of the cash receipts of the business conducted by him; that at about 8:20 o’clock P. M. on the evening of March 1, 1927, he closed the service station at which he was employed, placed the cash receipts of the day, amounting to the sum of approximately $89, in a leather pouch which he carried in one hand, and started to go up an alley to enter his home from a rear door. At a point in the alley opposite the rear entrance of a garage which abutted on the alley two masked men proceeded to and did rob the employee of the $89 contained within the leather pouch. In perpetrating the robbery one of the robbers, who had a rifle in his possession, approached the employee from one side; the other robber approached the victim “from behind” and searched the employee, who suddenly threw away the money which he had in the pouch, which was shortly thereafter…