Oldham

The defendant was convicted of the crime of robbery, and appeals from the judgment and order denying his motion for a new trial. Upon a certain afternoon the stage traveling from Ukiah to the coast was stopped by one Hilton, a highwayman, and *651 Wells, Fargo & Go’s boxes, containing about one thousand dollars, were taken. It is conceded that the defendant was not present at the robbery, but it is claimed that, though miles distant at the time, still he connived, abetted, aided, and encouraged the commission of the offense, and that, therefore, under the Penal Code of this state, he is equally guilty as a principal.

1. The information charged the property stolen to have been the property of Wells, Fargo & Co., a corporation organized under the laws of the territory of Colorado, and doing business in the state of California. At the trial it was proven that Wells, Fargo & Co. was a corporation de facto, doing business in this state. It is now insisted that there was a failure of proof in not establishing the corporation to have been organized under the laws of the territory of Colorado. Counsel concede that if no such allegation had been laid in the information the proof would…