White

Defendant was informed against for the crime of robbery. Prom a judgment of conviction in the superior court, and an order of that court denying his motion for a new trial, he appealed to the supreme court. This appeal was regularly transferred to this court for hearing and decision.

The evidence of the commission of the crime rests almost entirely upon the testimony of the complaining witness. The defense relies upon an alibi and the insufficiency of the identification of the defendant.

As the complaining witness was returning to her home about half-past 10 o’clock on the night of June 18, 1902, a man stepped in front of her. She stopped, threw up her hands and he struck her with a rock. She screamed, he told her to “shut up,” put his arm around her neck and struck her in the mouth with his fist. She kept screaming and he kept “beating” her. They both fell down, he on his knees and she on her back on the sidewalk. He kept pounding her in the face and she begged him to let her up. At last he “loosened up a little” on her and she said, “Do you want my money?” and he said, “Where is it?” She said, “It’s in my pocket. ’ ’ He said, "Give it to me. ”... He kept saying, “Give it to…