Servillo

This is an appeal from a judgment of conviction of robbery in the first degree.

Appellant (with two codefendants) was charged in an information with a violation of section 211, Penal Code, in that he, together with Leonard Dye and Neil Servillo, did on July 1, 1961, rob Vincent O’Connor (Bashford Liquors) of $197.25 in money; it was further charged that at the time of the commission of the offense said defendants were armed with a deadly weapon, namely a .32 caliber Colt automatic pistol. Leonard Dye pleaded guilty to robbery in the first degree and the court found that he was not personally armed *297 at the time of the commission of the offense. The two Servillos went to trial before a jury and each was convicted of robbery in the first degree and each was found to be armed at the time of the offense. At the hearing of appellant’s motion for a new trial the trial judge denied the motion insofar as it concerned the charge of robbery in the first degree but granted the motion with reference to the charge of being armed at the time of the offense. Or, as appellant states it in his brief, “. . . and the verdict of the jury as to the appellant being personally armed was dismissed by…