Hanamoto

Defendant has appealed from his conviction of robbery in the first degree in violation of section 211 of the Penal Code by judgment entered on a jury verdict entered in an action in which he was acquitted of two similar charges which involved other victims on other occasions. Delay in filing his notice of appeal, first perceived and alluded to by the People after the record and appellant’s opening brief had been filed with the court, has been excused by the granting of de *9 fendant’s application for relief under rule 31(a), California Rules of Court.

Appellant originally asserted that his arrest was without probable cause and that therefore the evidence resulting therefrom should have been ruled inadmissible; and that the evidence is insufficient to support his conviction. At oral argument the issues were broadened to include an examination of the propriety of the admission of testimony concerning statements of the defendant which were elicited from him at the time he was arrested and thereafter while in custody.

The facts concerning the robbery of which he was convicted are as follows: About 9:15 p.m. on January 11, 1963, a black and yellow car drove up to the entrance to the…