Davis

Appellant and Vincent Berbalas were tried jointly under an indictment accusing them in count 1 of conspiracy to commit robbery and in counts 2, 3, 4 and 5 of the offense of robbery-. At the conclusion of the evidence the court dismissed counts 1, 4 and 5 as to both defendants, count 2 as to appellant and count 3 as to Berbalas. Thereafter appellant was found guilty on count 3—the robbery of one Alice Schnauer, cashier of the Mar-Cal Theater, Hollywood, Los Angeles. He appeals from such judgment of conviction and from an order denying his motion for a new trial.

In view of appellant’s contention that the evidence presented before the jury is insufficient to sustain the verdict rendered we will give a rather extended statement of such evidence. On the evening of April 8, 1929, between the hour of 6 and 7:30 the appellant, in company with one “Gazick,” now deceased, went to the auto rental place of Nicholas Macela at 1015 West Seventh Street, Los Angeles. Mr. Macela had only two automobiles on the lot at the time for rent, a Buiek coupe and a Jordan coupe. After some discussion as to the relative speed of the two ears, during which appellant asked which car was the faster of the…