Collins

The defendant was indicted by the grand jury of Butte County of the crime of robbery, alleged to have been committed on the thirty-first day of August, 1924. He was convicted of the crime of robbery of the first degree and was sentenced to state’s prison. The defendant appeals from the judgment and from an order denying him a new trial.

Leslie Meredith was charged with the same offense in a separate accusation and he confessed to a participation in the crime, and at the trial gave evidence against the defendant, explaining how the crime was committed by the defendant and himself, and thus admitted he was an accomplice. The persons robbed were Cottrell, Bonynge, and Merriken, and during the robbery a pistol was used by the defendant in the consummation of the crime. The robbery took place in the early morning of August 31, 1924, somewhere between 2 and 3 o’clock A. M., on the public highway leading toward the town of Chico. In addition to the testimony of the accomplice, Meredith, Cottrell, and Bonynge, two of the persons robbed, identified the defendant. The testimony of Cottrell, Bonynge, and Meredith made a complete case against the defendant, if believed by the jury. The…