Brown

The defendant was found guilty by a jury of the crime of robbery in the second degree. He admitted two prior felony convictions, for each of which he served time in the state prison. Defendant did not testify in this case. He has appealed from the judgment and the order denying his motion for a new trial.

Defendant was represented in the trial court by Edwin Malmuth, Esquire, who was appointed under the provisions of section 987a, Penal Code, by reason of a conflict of interest between this defendant and a defendant in another case who was represented by the public defender. Defendant filed his notice of appeal in this court in propria persona. He later made application for appointment of counsel to represent him on appeal. We then examined the record and determined that *175 appointment of counsel “would be neither advantageous to the defendant nor helpful to this court,” and denied the application, notified defendant thereof, and extended his time to February 28, 1961, within which to file his opening brief. The time to file said brief was further extended to April 28, 1961. No brief has been filed.

On the evening of May 13,1960, the victim, Edward Bittner, and his nephew were…