Powell

The defendant and appellant was accused by an information filed by the district attorney of the county of Los Angeles, of the crime of robbery, a felony. He was tried by a jury and found guilty as charged. From the judgment and order denying his motion for a new trial the defendant appeals. The jury, on November 15, 1926, found the defendant guilty of the crime as charged; sentence was not pronounced until December 6, 1926, following the hearing on the motion for a new trial, and after the time limit for the imposition of sentence prescribed by sections 1191 and 1202 of the Penal Code of the state of California.

The defendant in his opening brief stresses three points as grounds for the reversal of the judgment. First, error of the trial court in refusing motion for a new trial and in pronouncing sentence after the lapse of the statutory time; second, refusal of the court to give certain instructions proposed by him; and third, the giving by the court of confusing and erroneous instructions. In his final brief, and for the first time, the defendant raised the point that the verdict was not sustained by the evidence and quotes rather copiously from the testimony in support of this…