Fanizza

Appellants Marco Panizza and Michael Porbes entered pleas of not guilty to two counts of robbery in violation of Penal Code, section 211. They were jointly tried before a jury. Each was found guilty of two counts of first degree robbery, the jury finding they were armed at the commission of each offense. They were sentenced to state prison, sentences as to each on the two counts to run concurrently.

At approximately 12:45 a.m. on June 3, 1965, appellants entered the restroom of the Powerine service station at Florence and Atlantic Avenues in Cudahy. A few minutes later, Panizza came to the station office door, and asked Bobert McMillen, the attendant, for some toilet paper. McMillen gave him the paper. Panizza returned to the restroom. Both appellants then came to the office doorway and Panizza stated: “This is a hold-up.” McMillen observed a pistol tucked inside the waist-band of Forbes’ pants. At appellants’ direction, McMillen went with them to the restroom, gave them 11 all the money ’ ’ (around $85) and appellants left.

At midnight on June 4, 1965, Leroy Zeller was alone in the office of the Powerine service station on East Gage in Bell. Porbes entered and informed him the…