Angell

Defendants Baldwin and Angelí were convicted of first degree robbery (§ 211, Pen. Code) and first degree murder (§ 187, Pen. Code) ; they appeal from the judgments.

Around 9:20 p.m. on February 24, 1965, Russell Poto, a clerk in the Silverlake Liquor Store, was found lying unconscious with a gunshot wound in his head behind the counter near the cash register by Sergeant Gorence, off duty, who had entered the store to buy milk; shortly thereafter Poto died. On the floor near the ice box was a spent .22 caliber cartridge case (Exh. 17). The cash register was open and empty; $334 had been taken. Officer Wolfer, a ballistic expert, testified that he examined the .22 caliber shell (Exh. 17) found on the floor of the liquor store and a .22 caliber sawed-off rifle (Exh. 11) found in a suitcase in Angelí’s apartment, and has “abso *815 lately ” no doubt that the shell had been fired from the sawed-off .22 rifle. Admitted in evidence was Angell’s written confession that he and Baldwin committed the robbery which resulted in the shooting, and Baldwin’s oral admission that he was implicated in the holdup and murder. Neither defendant took the stand in his defense.

Appellants urge that…