King

In a nonjury trial defendant was convicted of robbery of the first degree, and it was also found that allegations of two prior felony convictions were true (burglary, and driving an automobile without consent of owner). He appeals from the judgment and the order denying his motion for a new trial.

The People have made a motion to dismiss the appeal on the ground that the appeal is frivolous and lacking in appel *345 late objective; or, in the alternative, that the judgment be affirmed.

On June 6, 1962, about 4 a.m., a man drove a 1951 Chevrolet automobile into a Standard gasoline station at 200 West Washington Boulevard in Los Angeles and ordered 50 cents worth of gasoline. While the employee of the station was at the cash box getting change for the man’s one-dollar bill, another man, who had a scarf over his head and face, was wearing a long overcoat, and was carrying a sawed-off shotgun, came from behind the station building, went to the employee, and said, “Okay, give me everything.” In compliance therewith the employee handed approximately $48 and a packet of Blue Chip Stamps to that man. The money consisted of a 20-dollar bill, several one-dollar bills, and some coins. The…