Byrd

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

In an information filed in Los Angeles on April 6, 1967, defendant was charged with codefendant Myrtis Stepna with robbing Joseph Hoffman on February 3,1967. Each defendant pleaded not guilty. By stipulation the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing and the exhibits there introduced with the right to introduce further evidence. Each defendant was found guilty as charged, the robbery was found to be in the first degree and further it was found that Byrd was armed with a dangerous and deadly weapon at the time of the commission of the offense. Byrd was referred under the provisions of section 1203.3, Penal Code. The Department of Corrections recommended in effect that Byrd be sentenced. Probation was denied and Byrd was sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the evidence is as follows: Joseph Hoffman on February 2, 1967, operated a clothing store on Los Angeles Street. Appellant and Stepna came into the store and selected some merchandise which they apparently were unable to…