Hines

The defendant was convicted of the crime of robbery and from that judgment he has appealed. On the night of the 14th and 15th of November, 1923, two men robbed R. E. Barr in Alameda County. Immediately prior to the robbery R. E. Barr and Miss Alice Heeney were seated in an automobile in front of her residence at 1817 Castro Street, in Oakland. At some time around 11:30 in the evening two men approached the automobile, one on the right-hand side, one on the left-hand side, and by threats caused the occupants to get out of the front seat and to enter the car and take seats in back, while the two men proceeded to occupy the front seat. One man drove the car and the other held the gun! The street lights were sufficient for both Mr. Barr and Miss Heeney to see, and they did see the two men more or less distinctly. While these persons were seated in the car as described above, the man at the wheel drove to Brush Street, thence out to Market and down Park Street, and then back to San Pablo 'and out San Pablo to Stanford Avenue, then down Stanford Avenue to the point where the robbery took place. As stated above, Mr. Barr and Miss Heeney sat immediately behind the robbers during that…