Hallam

The defendants were charged in the information with the crime of robbery in unlawfully and feloni ously taking from the person and possession of one Wigney certain personal property described in said information, without his consent and against his will and by means of force and fear. After trial, a jury returned a verdict finding them guilty, and the court thereupon pronounced judgment, adjudging the defendants guilty, and directing that they be punished by imprisonment in the state prison for the term of twenty-five years. They made a motion for a new trial, which was denied, and this appeal is from the final judgment and from the Order denying the said motion for a new trial.

The appeal comes here on the judgment-roll alone without any bill of exceptions, and it must be conceded for the purposes of this case that the evidence was sufficient to sustain the verdict, and that the rulings of the court in regard to the admissibility of evidence were correct.

The sole point made by the appellants is the giving of the sixth instruction, given at the request of .the prosecution, which is as follows: “If the jury believe from the evidence beyond a reasonable doubt that the property…