State v. Abbott

— Appellant was jointly charged with one Nick Mitchell and one Clyde H. Smith with the crime of having robbed one Manuel Coster of $10. Appellant was granted a separate trial, was convicted and moved for a new trial, which was denied. He appealed from the judgment and from the order denying a new trial.

At the outset appellant urges the contention that where error intervenes in a trial “it is presumed to be injurious to the defendant and he is entitled to a new trial,” citing People v. Devine, 44 Cal. 452. This court has not followed the rule announced by appellant, but, on the contrary, has *63he…