Hawthorne

The appellant was convicted of the crime of robbery. He made a motion for a new trial and the motion was denied. He has appealed from the judgment of conviction and the order denying his motion for a new trial.

Mr. McLean, called as a witness by the prosecution, testified that he is a clerk employed with Houston-Gilmore & Company and at the time of the trial had been so employed for six and a half years. His employers’ place of business is located on the northeast corner of the intersection of Post and Stockton Streets in San Francisco. On the morning of the 24th of June, 1924, the witness went to his place of business a little after 9 o’clock. As he walked up to the door from Stockton Street he noticed two men standing around the corner in Post Street. As the witness walked up to put his key in the door he turned around to see if the men were interested in him. They evidently were not because they were reading a paper. As the witness walked in the door he was forced in from behind and when he turned around there was a gun held on him by one of the men and who was afterward designated by the witness as No. 1. That individual ordered the witness to go back to the vault and give…