Simms

*305 Opinion

Defendant appeals from a judgment of conviction entered pursuant to a jury verdict finding him guilty of robbery. (Pen. Code, § 211.) Defendant makes several contentions which we shall discuss separately following the narration of the pertinent facts.

The Facts

On February 14, 1968, at about 2:15 p.m., defendant, codefendant Scott, and one Brady Harvey, the victim of the subject crime, were drinking together in an Oakland bar. Harvey left the bar in order to pick up his child from school. Defendant, Scott and one Collins followed Harvey to his car and asked him for a “lift.” Harvey agreed. Defendant and Scott got into the back seat while Collins got into the front seat.

After Harvey had been driving for some time, defendant, from the back seat, put a knife to Harvey’s throat and stated “This is as far as you go.” Defendant then told Collins to take everything Harvey had. Collins thereupon removed all valuables from Harvey’s person. 1 Harvey was then struck alongside the head with a club he had in the car. Harvey “blacked out.” On regaining consciousness he observed that the three passengers were gone. Harvey called the police and reported the incident.

Some six…