Green

This is an appeal from a judgment of conviction of robbery.

In an information filed in Los Angeles on November 19, 1965, defendant was charged with robbing Louis Aequistapace of about $780 in money on or about October 14, 1965. Defendant pleaded not guilty and in a trial before the court without a jury was found guilty as charged. After the defendant was found guilty and before he was sentenced it was agreed between the parties and all concerned that defendant would take a polygraph test with reference to the robbery and the findings of such examination or test would be submitted to the court prior to the time of hearing a motion for a new trial and sentencing. At the time set the court considered the polygraph test results, denied a motion for a new trial and sentenced defendant to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Aequistapace (the victim) operated an automobile electric parts shop on Compton Avenue during the times in question. On October 12 or 13, 1965, defendant’s accomplice came to Aequistapace’s shop and requested a new coil for his automobile. Aequistapace told the accomplice to have the old coil tested…