O'Brien

The defendant was convicted of the crime of robbery. From the judgment and the order denying him a new trial he has appealed.

On the twenty-fourth day of September, 1923, Paul Quirk, as cashier of the Great Western Smelting & Refining Company, went to the Anglo and London Paris National Bank of San Francisco and there procured the sum of two thousand four hundred dollars to meet the weekly pay-roll of said company. He was accompanied by a Mr. Blum. They returned from the bank in an automobile. While they were returning they passed down First Street to Folsom Street and then turned into Folsom Street. As they did so another automobile containing two men crowded their car into the curb, causing it to stop. When their ear came to a stop one of the men in the other automobile alighted and pointed a gun at Quirk and Blum and demanded the money. The bandit was on the left-hand side of the machine and standing in the street. Blum sat on the same side of the machine and was between the bandit and Quirk. Upon the demand of the bandit Quirk handed the satchel containing the money to the bandit. During this time the other bandit had remained in the machine. Neither one of the bandits was…