Colburn

Defendant was convicted of the crime of robbery, perpetrated in the county of Amador on the seventeenth day of March, 1893.

He appeals from the judgment and from an order denying a new trial.

The information is in conformity with the provisions of the Penal Code; is direct and certain as to the offense charged, and states the facts in ordinary and concise language, so that a person of common understanding cannot but know from its perusal what is intended and charged therein.

*649 It was not, therefore, subject to the demurrer interposed against it, and such demurrer was properly overruled.

At the trial the prosecution introduced evidence tending to show that in the evening of the seventeenth day of March, 1893, at the store of the “ Clinton Consolidated' Gold Mining Company” a robbery was committed by two masked men. One of them, a man named Robert Masterson, was recognized by W. H. Dunn, the man in charge of the store when robbed, and, upon being arrested, said Masterson plead guilty, and implicated the defendant, John Hervey Colburn, and Alie Knox as having been assistants in the robbery; Knox, as he stated, having acted as watchman on the outside, while he and defendant…