Nooner

Three men were convicted of robbery (Pen. Code, § 211). Only Nooner appeals.

At about 10:30 p.m., appellant and codefendant Rincon walked into a service station. They remained for some time, talking to each other and occasionally to the attendant. Appellant placed a phone call from a booth in the station area. The attendant serviced waiting cars and commenced closing the station. “Just shortly” before he completed this work, appellant and Rincon walked from the service station and around the corner. Completing his closing chores, the attendant removed the cash box from the pump island, took it to the office, and placed it on the counter. As he turned to close the door he saw Rincon 4 or 5 feet away, with another man standing some 10 feet beyond. Rincon had “something shiny in his hand.” There was a puff of smoke, the attendant fell to the floor with a bullet in his stomach, someone took the cash box and ran. Rincon and codefendant Pina were arrested shortly thereafter in a ear which had been driven from a point near the station after a man ran from the station to it.

If this were the only evidence, there would be merit to appellant’s claim that it is insufficient as to him,…