Jones

Defendant was charged with robbery in violation of section 211, Penal Code, and with having been armed with a deadly weapon at the time of its commission; he waived a jury and the matter was submitted on the transcript of the preliminary hearing. The trial court found him guilty and that he had been armed with a dangerous and deadly weapon as alleged, and fixed the degree of the crime to be first degree. Defendant’s application for probation was denied and he was sentenced to the state prison; he appeals from the judgment claiming only that the trial court erred in denying probation.

Around 4:30 p. m. defendant entered the back door of a liquor store and demanded “the money” from the clerk ■ to the latter’s answer: “You’re kidding,” defendant unwrapped a double-barreled sawed-off shotgun and pointed it at the desk. The clerk opened the desk and put the money in a bag; defendant then ordered him to the cash register where he told him to give him all of the currency, halves, and quarters. Taking a quart of Vodka from a shelf, defendant backed out of the door and warned him not to “go to the telephone or anything. ’ ’ About 4:30 p. m. Officer Huie received a radio call concerning…