Christian

This is an appeal from a- judgment of-conviction- of-robbery in the first degree.

In an: information- filed in Los Angeles on October 3, 1966, defendant and - codefendant James Kinnard were charged with robbing a representative of the Western Union of .certain personal property- on September 5, 1966. Defendant pleaded not guilty. The cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing and the testimony of defendant at the trial. Defendant was found guilty as charged. A motion for a new trial was denied as was an application for probation. This court pursuant to the Buies of Court directed the original file of the proceedings in the trial court to be lodged here for the purposes of this appeal. The judge found the robbery to be in the first degree and sentenced the defendant to the state prison.

A résumé of some of the facts is as follows: At about 10:15 a.m. on September 5, 1966, Hazel 0 ’Neil and Leamont White were employed as money order. clerks at the main office of Western Union at 741 South Flower Street in Los Angeles. At about that time and place appellant and codefendant Kinnard entered with drawn guns.…