Holland

In an information filed by the District Attorney of Los Angeles County defendant was charged with a violation of Penal Code section 211, robbery. Defendant pleaded not guilty and after a jury trial he was found guilty as charged. His motion for a new trial was denied, proceedings were suspended and defendant was granted probation for three years. Defendant appeals from the judgment (the order granting probation) and from the order denying his motion for a new trial.

The facts material to this appeal viewed favorably to the People are as follows: On the evening of March 3, 1961, prosecutrix Leilani Seals, 16 years of age, left her home about 5:30 in the evening and walked to a Thriftimart supermarket located at the southeast corner of Vermont and Adams Street in the City of Los Angeles for the purpose of cashing ■two cheeks given to her by her mother. She cashed the cheeks and obtained $49.60. WTiile walking from the market, counting the money and preparing to put it into her sweater pocket she noticed defendant, following 2 or 3 feet behind her. She knew him by sight but not by name.

Defendant continued to follow the prosecutrix after she left the market, and, near the entrance…