Madlung

Defendant was convicted, in a jury trial, of first degree robbery. The jury found that he was armed with a revolver at the time the robbery was committed. Defendant admitted an allegation of the information that he had previously been convicted of grand theft. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that a record of the entire cause was not furnished to him; and that the deputy district attorney was guilty of misconduct.

On December 28, 1956, about 8 p. m., while Melba Hurley was on duty as a checker at the cash register in a grocery market, a man went to the front of the line of customers at the register, opened a paper sack, pointed a revolver at the checker, and said: “Open the register and give me the money and don’t make a move or I will let you have it.” The man held the sack open, and the checker put approximately $300 in it. The man ran out the side door and across the parking lot, entered an automobile, and went away. The automobile was driven by another man. When the robber ran out the door, the checker, a customer (Mr. Waring), and the proprietor of the market, ran after him. The customer and the proprietor saw…