Sandoval

This is an appeal from a judgment of conviction of one count of robbery in the first degree and one count of kidnapping.

In an information filed in Los Angeles County on May 7, 1962, defendant was charged in Count I with being armed with a deadly weapon and robbing Clarence West of certain money on April 13, 1962. In Count II the charge was that defendant was armed with a deadly weapon and robbed Clarence West of his wallet and cash on April 13, 1962, and in *575 Count III defendant was charged with kidnapping Clarence West on April 13, 1962, and with being armed with a deadly weapon at that time. Defendant pleaded not guilty, a jury trial was waived and a trial was had before the judge who found the defendant guilty of first degree robbery in Count I and of kidnapping in Count III and not guilty as to the Count II charge of robbery. No finding or determintion was made by the judge as to whether defendant was armed with a deadly weapon at the time of the commission of the respective offenses.

An appeal was taken from “the judgment and sentence ... and from the denial of the defendant’s motion for a new trial.”

A résumé of some of the facts is as follows: West, the victim of the…