Radovich

Defendant was convicted of robbery. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.

The case, on the evidence, was one merely of conflict, the quarrel being, between evidence tending to show an identification of appellant as a participant in the crime charged, several having been concerned in it, and evidence tending to prove an alibi.

While counsel for appellant at the trial—not the one now before us—was engaged in presenting his argument to the jury something occurred which impelled him to call for the court reporter, that functionary not being in attendance at the time. When the reporter appeared the following record was made: “Mr. Parsons: I refer to the case of People v. Molina, 126 Cal. 505 , and I am reading from page 508 [ 59 Pac. 34, 35 ], The Court: No, you are not reading from it at all; you are referring to the case. Mr. Parsons: May I quote a paragraph of law? The Court: You may not; the court will attend to all of the law in this case. Mr. Parsons: I appreciate that, and I desire to refer to certain eases, People v. Preston and People v. Law, and other matters in which conversations have been had on evidence,…