Ramirez

In a jury trial, Max Ramirez was convicted of an offense of second degree robbery and was sentenced to state prison. He appeals from the judgment.

Juan Maeiel was the complaining witness. He testified that on the evening of March 15, 1958, he entered a barroom in Los Angeles and sat down at the bar. After drinking one or two bottles of beer he went to the restroom which was at the rear of the premises. He met appellant and they exchanged a few words, whereupon appellant hit him on the mouth. Maeiel then noticed that his wallet was missing; it contained about $40. He seized appellant’s hands and told him to return the wallet. The next thing he remembered was the arrival of two police officers; one of the officers said that he had found the wallet. When asked whether he let go of Ramirez before the officers arrived Maeiel said: “I don’t know if he got away from me. I don’t remember that well.”

Officer Prank T. Estrada entered the establishment while on routine patrol duty and went to the rear of the premises upon being informed of a fight in the restroom. He saw Maeiel pointing out the back door; Maeiel was bleeding from the mouth. The officer went out the back door and saw…