Szczechowicz

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

Pacts

By an information filed January 17, 1961, appellant and Henry Leonard Wolfenden were charged with two counts of armed robbery and two counts of kidnapping committed against Robert E. Montoney and Vernita Montoney December 22, 1960, in San Diego County.

The facts shown by the record before us are substantially as follows: At about 1 o ’clock p. m. on December 22, 1960, Robert E. Montoney and his wife, Vernita, while on a trip *573 to Tucson, Arizona, driving a red 1958 Chevrolet auto, were resting at Guatay rest camp in Cleveland National Forest in San Diego County. They went to sleep in their car. Appellant, in his 1954 turquoise blue Oldsmobile, with Wolfenden and Dolores Ann Dawson, stopped at the same place about a half hour or more later, a few feet from Montoney’s car. Bobby Lee Barrett, Forest Service patrolman, saw and talked to the appellant’s party at the rest camp and was told by them that they were from the Oldsmobile only and that some one else was asleep in the red Chevrolet. Barrett then left. At about 2 p. m. Montoney was awakened…