Krug

This appeal is from a judgment entered and sentence imposed after a jury found appellant guilty of robbery in the first degree. (Pen. Code, §211a). No appeal can be had from the sentence. This portion of the appeal is dismissed. (Pen. Code, § 1237.)

At about 9 :15 p.m., on June 4, 1965, George G. Epstein was alone in his liquor store on Sepulveda Boulevard in Van Nuys, checking the cash register tape. The register was open. Appellant and eodefendant Michael LaGrua entered the store and surrounded Epstein.

One of the men said, “This is a holdup” and told Epstein to hand over the money. Epstein looked up and saw appellant with a gun in his hand, standing to the left of the cash register, and LaGrua to the right. Epstein did not respond promptly. Appellant struck him in the face. Appellant and LaGrua then took about $91 from the register and ran out the door.

Epstein followed. He saw the men flee in an automobile which he described as a 1952-1954 dark colored Cadillac. At trial, he identified photographs of a 1953 green Cadillac as a similar car.

In the morning of June 9, 1965, Epstein was summoned to a lineup. During the lineup, he identified LaGrua as one of the participants of…