Redding

Defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial.

The fact that a robbery occurred, as charged in the information filed against defendant, is not disputed; but the sufficiency of the evidence to establish the identification of defendant as the man who committed the crime, as well as the effect of certain evidence admitted over the objection of defendant, are the material questions presented for the consideration of this court.

With reference to the first question, the record discloses the fact that on the trial of the action the man who was robbed was unable to, and did not, identify defendant as the man who committed the robbery. However, the identity of defendant as the robber was positively established by the) testimony of a boy of the age of thirteen years, who was present at the time the robbery was committed. The boy’s testimony was impeached, not only by the fact that in his testimony given at the preliminary examination of defendant before the committing magistrate he failed to identify defendant, but as well by the testimony of two witnesses to the effect that prior to giving his testimony on…