Pickens

The appellant was convicted of two crimes charged in separate counts of an indictment. He was found guilty of robbery and of assault with a deadly weapon.

The following constitute the material facts: After making an appointment by telephone to meet them at a certain place, defendant and several confederates attacked one Clyde Richey, the complaining witness, when he alighted from a taxicab driven by him. One of his assailants attempted to put a black cloth over his head. Richey resisted and during the struggle was beaten over the head by pistols or revolvers. At some time before the affray ended $350 ¡was taken from his pocket. The approach of the witnesses Schultz and Hendricks caused the attackers to- desist. They entered an automobile standing near by, which was identified as that of Pickens, and fled. Richey pursued them in his taxicab and after seeing appellant’s machine swerve into a ditch and stick there, went for aid; he soon returned with a police officer and friends and found Pickens attempting to extricate his machine. The officer arrested Pickens and searched his car, in which was found, among other -articles, a can of tar, a can-opener and a paint brush. It appears…