Hawkins

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

In an information filed in Los Angeles on December 23, 1965, defendant was charged in count I with codefendants Arthur Bacon and Ernest Walters with robbing Glenn Wilder of a revolver and money in excess of $34,775 on November 26, 1965; in count II with murdering Ronald W. Davis on the date in question, in count III with assault with a deadly weapon with intent to commit murder and in count IV with another and different assault with -a deadly weapon. Counts *409 II, III and IV, insofar as this appeal is concerned, were disposed of other than by verdict. Trial by jury was had and defendant was found guilty of robbery in the first degree as charged in count I. Defendant was sentenced to the state prison.

A résumé of some of the facts is as follows: On November 26, 1966, two employees of Armored Transport Incorporated, namely, Jerome Jacobson and Glenn Wilder, while in the course of their employment, drove an armored truck in the vicinity of the Midway Shopping Center in Los Angeles. Jacobson was the driver of the truck and Wilder occupied that portion of the truck in the rear which is divided from the driver's…