Truitt

Defendant was convicted of the crime of robbery. His appeal presents the single .question whether the evidence is sufficient to identify him as the person who committed the crime. It is conceded that the robbery was committed by someone.

On the evening of December 12, 1919, a person, identified by Robert E. Sherman, the complaining witness, as' this defendant, entered Sherman’s drug-store at 4300 Pasadena Avenue, in the city of Los Angeles, and asked Sherman to sell him a small quantity of carbolic acid. While in the hack part of his drug-store, at the prescription ease, engaged in filling the order for carbolic acid, Sherman heard the bell on the cash register ring. Concluding therefrom that someone was trying to rifle the register, Sherman hurriedly returned to the front part of the store. There, so Sherman testified, he was confronted by defendant. Sherman testified that defendant presented a revolver at bim just as he returned, from the rear of his store and ordered him to turn around and go hack to the prescription case and stay there. Sherman further testified that, as he turned to go back to the prescription case, in obedience to defendant’s command, he saw the defendant…