Irwin

William A. Irwin and Raymond Lee Mulkey were jointly charged with (1) assault with a deadly weapon with intent to commit murder, (2) attempted robbery, and (3) burglary, and by amended information, Irwin was charged with robbery. Defendants were granted separate trials. In a *300 jury trial Irwin was convicted of all four offenses, his motion for a new trial was denied and he appeals from the judgment and order.

It is not contended on the appeal that the evidence was insufficient to justify the verdicts. Samuel It. Sirianni was one of the owners of Phil’s Market in Sylmar, Los Angeles County. At about 9 p. m., October 6, 1955, he closed the market and, upon the parking lot adjoining, was assailed by two men who handcuffed him and at the point of guns and a knife forced him to open the market and the safe from which they took $7,000. They tied up Sirianni and fled. No arrest was made until an attempted burglary of the market May 25, 1956, when Irwin and Mulkey were arrested. In the October robbery the men were not masked. Upon the trial Sirianni identified Irwin as one of the men who committed that robbery and also identified him as one of two men who attempted to rob him May 25,…