Sartori

Defendant was charged, together with his codefendants Sasselli and Gatti, with the crime of robbery, by taking from the possession of one Joe Ponti a certain sum of money by force and fear. Defendants Sasselli and Gatti both entered pleas of guilty. The defendant Sartori stood trial, was convicted by the jury, and prosecutes this appeal. The sole ground for reversal urged in his behalf is that the evidence is insufficient to justify the verdict of conviction.

The undisputed facts are that this defendant first met Ponti in a saloon in Fresno one evening at about 6:30 o ’clock; that Ponti had just recently arrived from Stockton; that the two had several drinks together at the bar, where Ponti displayed considerable money; that the other two defendants were in the same saloon drinking at the same bar; that defendant Sartori left Ponti for a short time and went out to the sidewalk, where he met Sasselli, to whom he said he “had a friend inside, from Stockton; he has eighty dollars; saw him buy a drink, and he changed a twenty dollar gold piece.” It then appears that after more drinks were had Sartori suggested to Ponti that they go out and have some tamales. As they stepped outside…