McGowan

Appellant was convicted of the crime of attempt to commit robbery, and from such judgment of conviction and an order of the trial court denying his motion for a new trial has appealed.

At about 1:40 or 1:50 o’clock on the morning of May 4, 1925, appellant was taken to the Mission Emergency Hos pital in San Francisco suffering from a gunshot wound in the abdomen. He was in a serious condition and an operation was deemed necessary. While the doctor was preparing appellant for the operating-room William Anderson, the complaining witness, was brought in and identified appellant as the man who attempted to rob him. Respecting the attempted robbery the complaining witness testified that on May 4, 1925, between midnight and twenty minutes past 12 o’clock he was “held up” at the Sansome Pacific Garage, located at 825 Sansome Street, in San Francisco, by three men, one of whom was appellant, McGowan; that he was sitting at a desk in the garage, where he was employed as night man, looking out of the window, and saw three men run up the steps, McGowan being the leading man of the three, and thinking they were customers wanting gasoline or some supplies he got up and opened the door, and…