Cabral

Defendant Cabral and one Walker were accused by information of robbery, in violation of section 211 of the Penal Code, a felony, committed as follows: That said Walker and Cabral, on or about September 17, 1960, in Los Angeles County, did unlawfully and feloniously and by means of force and fear take from the person and immediate presence of Ulrich La Grandeur personal property to wit: monej'- and checks of the value of $2,700.

Trial by jury was waived by Cabral. Upon a stipulation the case was submitted on the transcript of the preliminary examination, with the right to offer additional evidence. Defendant did not testify, nor call any witness in his behalf. The defendant Cabral was adjudged guilty of robbery as *389 charged in the information, and the crime was found to be robbery of the first degree. He was sentenced to imprisonment in the state prison. He appeals from the judgment and sentence-

Appellant contends that since the information did not allege that the offense was perpetrated by use of a dangerous or deadly weapon or by torture, it was not a sufficient pleading to support a judgment of conviction of first degree robbery.

On September 17, 1960, about 6 :15 p. m.,…