Kelly

The defendant was convicted in the lower court of the crime of robbery, committed by him and two others on one Powers in the city of Los Angeles—the precise place of the crime being on the west side of Olive Street between Ninth and Tenth streets. He appeals from the judgment and from an order denying his motion for a new trial. Numerous points are urged by his counsel as grounds for reversal; and these will be considered in the order in which they occur in the brief. It will be understood that the several rulings complained of were made over the objections and exceptions of the defendant.

1. The point is made and argued at length in appellant’s opening brief that the court erred in refusing to set aside the information, but in the reply brief this point is abandoned.

2. It is claimed that the evidence was insufficient to justify the verdict. But Powers, the man who was robbed, testifies explicitly to all the circumstances of the crime, and clearly identifies the defendant as one of its perpetrators. The argument of the counsel goes only to the credibility of his testimony ; which was a matter for the jury to consider.

3. It is objected that the court erred in refusing to…