Summers

The defendants were jointly tried on an indictment charging robbery. A verdict of guilty was returned against each defendant, and from the judgments on the verdicts, and from the orders denying their motions for new trial, both defendants have appealed on the same typewritten record.

On April 17, 1929, the College Avenue Branch of the Oakland Bank was robbed of the sum of $10,133 by two men each of whom carried pistols which they displayed at the time. On June 14th of the same year the Dwight Way Branch of the Bank of America situated in the city of Berkeley was robbed under similar circumstances. Soon thereafter the defendants were arrested in an apartment in San Francsico, where a large part of the fruits of the second robbery was found. Immediately following their arrest the defendants were viewed in the city prisons of San Francisco, Berkeley and Oakland by a large number of persons who were either employees of these two banks or persons present at and witnesses of one of the robberies. The defendants were tried and convicted of the robbery of the Berkeley Bank and their convictions were sustained in People v. Sampsell et al., 104 Cal. App. 431 [ 286 Pac. 434 ]. As a result…