Marquez

Defendant appeals from a judgment of conviction entered upon a jury verdict finding Mm guilty of four counts of first degree robbery, in violation of Penal Code, section 211, and from the order denying his motion for a new trial. He was sentenced to serve concurrent sentences in the state prison for the term prescribed by law.

Defendant’s sole contention on this appeal is that the trial court erred in refusing to give his requested instruction on circumstantial evidence: that where the evidence is susceptible of two constructions, each of which appears to be reasonable, it is the jury’s duty to adopt that construction which points to the defendant’s innocence. (CALJIC No. 26.)

The evidence presented at the trial was briefly as follows: At about 9:15 p.m. on May 20, 1960, appellant and codefendant Felipe Falacias entered Ernie’s Liquor Store in San Bernardino. Appellant stayed at the door while Falacias obtained a six-pack of beer from the refrigeration case, went to the counter and placed the beer and a dollar bill on the counter. Falacias then drew a gun and ordered Mrs. Eldridge, who was behind the counter, to give him all her money. After some argument, Mrs. Eldridge took the…