McGraw

This is an appeal from a judgment of conviction and from an order denying a motion for a new trial in a case involving two counts of robbery.

In an information filed in Los Angeles County on October 8, 1958, appellant and his codefendant, Brown, were charged with two counts of robbery in violation of Penal Code, section 211, and with being armed with a gun at the time of the offenses. Seven prior felony convictions in the State of California were charged against appellant, such convictions including, among others, forgery and assault with a deadly weapon. The codefendant, Brown, was charged with two prior felony convictions. Brown pleaded guilty as to both counts as charged.

Appellant pleaded not guilty and ultimately admitted the prior convictions. The charge to the effect that appellant was armed was stricken from the information at or about the time of the trial. A jury found appellant guilty of robbery in the first degree as to both counts.

Appellant made a motion for a new trial and filed certain affidavits in support thereof, one of which was executed by a Francisco Lopez who was an admitted robber and whose record in the Bureau of Criminal Identification and…