Hayes

By an information consisting of two counts, filed in the Superior Court of Los Angeles County, the appellant was charged with having wilfully, unlawfully and feloniously taken from the person and possession and in the immediate presence of another certain specified amounts of money, by means of force and by putting said person in fear. Pursuant to a trial by jury he was found guilty of robbery of the first degree upon the first count, and guilty of robbery of the second degree upon the second count. A motion for a new trial was made, which was denied, and the defendant appealed from the resultant judgment and from the ruling upon said motion.

According to the testimony of the prosecuting witness, and statements of the defendant to an officer, Hayes caused the prosecuting witness to refer to certain accounts in her place of business, then demanded: “Never mind, you won’t find my name there, it is just a hold-up; give me the money you have in the register”; that upon a second occasion he made a like demand for money; that the amounts of money were extorted as alleged, on the first visit by aiming a revolver at the proprietress, and the next time with one hand in his coat pocket in…