Corkery

Defendant appeals from a judgment of conviction of the crime of robbery, as well as from the order by which his motion for a new trial was denied.

Omitting unnecessary details which relate to the facts and circumstances that are connected with the robbery in question, it appears that in the course of its perpetration by defendant and another man, after one of the two victims had surrendered certain personal property to defendant’s companion in the crime, one of the said victims screamed for help, whereupon both the robbers started to leave the scene of the robbery and appellant did immediately depart therefrom. However, instead of continuing in his flight with appellant in the projected escape, the second robber temporarily remained for the purpose of completing the robbery, and thereupon proceeded to and did take certain other personal property from the immediate possession of the said victims.

The principal point presented by appellant as a reason for the reversal of the judgment and the order by which his motion for a new trial was denied arises from the asserted fact that before the crime was completed he abandoned his intention to commit the crime of robbery and…