Lavender

Defendant appeals from a judgment which followed his conviction of the crime of robbery; also from an order by which his motion for a new trial was denied.'

From the evidence adduced on the trial of the action, it appears that in the night-time, defendant, accompanied by another, induced a clerk in a hotel to show them a room therein, and that while so engaged defendant and his companion “held up’’the said clerk, bound his hands at his back, gagged him, placed him on a bed in the room that he was “showing” to defendant, and tied the clerk’s feet to one of the bedposts; whereupon defendant and his companion then and there temporarily left the clerk in such condition and situation. Immediately thereafter the clerk heard the ringing of a bell that was connected with a cash drawer in which some money that belonged to the hotel was kept in its office, which ringing was the usual result when the cash drawer was attempted to be opened by one who was unacquainted with the operation of the combination necessary to its successful opening. Shortly thereafter, defendant returned to the room where he had left the clerk, and by means of threats exerted by defendant, induced the clerk to give…