Staten

Appellant James Staten was charged by an information with two counts of robbery. It was alleged that he was armed with a deadly weapon, a revolver. Appellant waived a trial by jury and was found guilty as charged by the court and sentenced to the state prison.

Appellant raises two contentions on appeal: (1) The judge’s use as evidence against him of the inference to be drawn from his failure to take the stand and testify in his own behalf, in violation of the rules laid down in Griffin v. California, 280 U.S. 609 [ 85 S.Ct. 1229 , 14 L.Ed.2d 106 ], and (2) inadequacy of his representation by counsel.

The facts revealed that a dice game was going on in the back room of a service station in South Los Angeles. Three men entered the back room. One of them was armed with a revolver, another with a shotgun. The three proceeded to rob *500 several of those present, taking cash and jewelry. The three robbers then fled. Only two of the victims of the robbery were called to testify for the People at the trial. Both positively identified appellant as the robber with the revolver. Two other victims testified for the defense, with somewhat less certainty, that Staten was not one of the…