Sloan

Appellant was charged with robbery (Pen. Code, § 211), convicted by a jury, and appeals.

The record supports the following statement of facts: On October 1, 1962, at about 2:30 a.m., Earl Peterson, attendant at a service station in Oakland, was beaten and robbed by two Negroes. The robbers walked into the service station premises and confronted Peterson in the office. One robber, later identified as appellant, held a gun on Peterson and the other battered him about the head, rendering him unconscious. A few moments after this attack, Lyle Marquardt, a tow truck operator and friend of Peterson, drove past the station. He saw a Negro in the station, but did not see Peterson. Marquardt turned his truck around, drove it into the *98 service station, and again saw a Negro. A few moments later he saw two Negroes leave the station, walking, rapidly, and Marquardt followed them in his truck, and when he lost them he called the police.

Peterson recovered consciousness during the robbery, and although instructed by the robbers to keep his face to the floor, he got a glimpse of one robber as the robbery progressed. Later, during the evening of the day the robbery took place, Peterson and…