Hartman

Appellant William C. Hartman appeals from judgment of conviction, after jury trial, of violation of section 211 of the Penal Code (robbery first degree armed with a deadly weapon). 1 Appellant is represented by appointed counsel.

Question Presented

Effect of court’s instruction that in the court’s opinion appellant was guilty of the offense charged.

Evidence

At approximately 6:45 a.m. on July 5, 1966, appellants Hartman and Ialenti entered the Oasis Motel at the corner of Eddy and Franklin Streets in San Francisco. Desk clerk Robert Elliot was on duty at the time and was standing behind the reception desk. Both Hartman and Ialenti were armed and *549 Hartman stated upon entrance, “This is a holdup.” Ialenti proceeded around the reception desk putting his pistol in his pocket in the process.

A discussion developed between Hartman, Ialenti and the desk clerk as to whether the cash drawer or the safe should be opened. The desk clerk informed them that he had no key for the safe. He opened the cash drawer at Ialenti’s request and a sum of money was taken by Ialenti and placed in his pocket.

Immediately subsequent to the removal of the money from the cash drawer the desk clerk…