Patterson

The defendant was convicted of robbery, alleged to have been committed by the felonious taking away, from the person of one Heisler of eighteen dollars in money. The defendant appeals from the judgment and from an order denying his motion for a new trial.

The main point of the appeal is, that there was not sufficient evidence to warrant the verdict. But Heisler testified that during the evening of February 24, 1898, he left a certain saloon in company with the appellant and one McMahon, who was also _ convicted of the same crime, and that while the three were walking along the street the appellant and McMahon suddenly attacked him, seized him by the throat and stfuck him a blow which knocked him down and rendered him for a time insensible; and that when he recovered consciousness he found that he had been robbed of about eighteen dollars in coin. He soon afterward returned to the saloon bleeding from a wound in the head. As to the fact that he had left the saloon a short time before in company with the appellant and McMahon, he was corroborated by the witness Swope. No doubt the testimony of Heisler was somewhat weakened by the fact that he was a good deal under the influence of…