Emmons

Defendants were accused of the crime of robbery in the first degree. The information in substance alleged that on August 21, 1925, they unlawfully took and carried away from the person and possession of one George F. Neely, an agent of the Standard Oil Company, money and other personal property of the approximate value of $1,240 and that such act was accomplished through putting said Neely in fear.

. Subsequent to the commission of the act defendants were taken into custody and both made statements admitting their guilt. Upon the trial they both pleaded not guilty. They were convicted and sentenced to the state prison. They appealed from the judgment and order denying a new trial. The appeal as to Emmons has been dismissed. It is urged on behalf of Richardson, as ground for reversal, that the district attorney was guilty of prejudicial misconduct resulting in a miscarriage of justice. It is also claimed that the trial court erred in instructing the jury. The evidence upon which the prosecution relied for a conviction was the positive testimony of the victim of the robbery in identifying both defendants as the perpetrator’s of the crime, the extrajudicial confession of appellant…