Logan

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

In an information filed on March 23, 1967, defendant was charged with attempted robbery in that he did on February 23, 1967, attempt to take personal property from the possession and immediate presence of Russell D. Brown. Defendant pleaded not guilty. It was stipulated on May 18, 1967, that the cause be submitted upon the testimony in the transcript of the proceedings had at the preliminary hearing. Defendant testified in his own behalf. Defendant was found guilty on May 18, 1967, of attempted robbery as charged. On June 9, 1967, probation was denied and defendant was sentenced to the state prison for the term prescribed by law, the term to run concurrently with any other sentences which defendant was serving. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: on February 23, 1967, at about 12:45 a.m., defendant and another person entered the taxicab operated by Russell Brown at or near Avalon and Vernon Streets. Defendant and his companion directed Brown to drive them to 1837 South Central Avenue and to park on the northwest comer of Washington Street and Central Avenue. When…