Johnston

The defendants were charged by information containing two counts, with the crimes of robbery and burglary. Each defendant was charged also with a number of prior convictions of felony, Johnston with five, Dowding with three and Pimentel with four. They pleaded not guilty to the charges of robbery andn burglary, admitted the prior convictions and were tried together. The jury found them guilty on both counts, and because of the prior convictions they were adjudged to be habitual criminals and sentenced to life imprisonment. (Pen. Code, sec. 644.) From the judgments of conviction and the orders denying the motions for new trial the defendants have appealed.

It is conceded that the evidence is sufficient to support the verdicts against Johnston and Dowding, but it is contended that it is legally insufficient to sustain the conviction of Pimentel. The essential facts shown by the evidence were as follows: About 9:30 o’clock on the night of August 13, 1930, a man entered a drug-store in Oakland belonging to one D. N. Bowles, ostensibly for the purpose of making a small purchase. Bowles was alone in the store at the time and as he turned to deliver the package he was confronted with a…