Radovich

Appellant was found guilty of robbery in the first degree by the verdict of a jury and, having previously been convicted of manslaughter and hav ing served a term of imprisonment therefor, which fact was charged in the information and admitted by appellant, he was sentenced to Folsom state penitentiary.

On April 23, 1931, at about 3 o’clock in the afternoon, three men masked with handkerchiefs entered the San Gabriel branch of the California Bank. One of the men, armed with a pistol and identified as appellant, forced C. C. Pearson, the manager, to go to the rear of the bank and ordered that the curtains on the front of the establishment be drawn. Mr. Pearson and the other employees ■were driven into the vault, where they were lined up facing the wall, and one of them, W. W. Spencer, was compelled to open the safe. Some $4,000 in cash, a quantity of securities belonging to clients of the bank, and a quantity of American Express Company travelers’ checks were stolen in the robbery.

Appellant contends that the evidence is insufficient to justify the conclusion that he was one of the bandits. Jean Durand, one of the tellers, testified that appellant was one of the robbers and that…