Foss

The defendant was convicted of the crime of robbery and upon this appeal makes the contention that the evidence was insufficient to show the commission of that crime by him.

At the trial Thomas N. Littlewood, charged by the information to have been the victim of the robbery, testified that in the evening of October 2, 1926, he hailed the defendant, who was a taxicab driver and previously unknown to him, and entered his taxicab; that after driving to various places in defendant’s taxicab they went about midnight to a hotel, where defendant engaged a room, to which he took Littlewood and a third person; that at the time they entered the room Littlewood took- from his pockets a roll of bills and paid therefrom defendant’s charges, amounting to about $3, and then put the balance of the money back in his pockets; that Littlewood then had in his possession about $140; that previously during their ride Littlewood. had exhibited some, if not all, of this money in the presence of defendant; that upon being paid his charges defendant left the room and Littlewood undressed, placing his clothes upon a chair; that in a few minutes, and while said third person was still present, defendant came…