People v. Davis

GATES, J., pro tem.

Appellant and Vincent Berbalas were tried jointly under an indictment accusing them in count 1 of conspiracy to commit robbery and in counts 2, 3, 4 and 5 of the offense of robbery-. At the conclusion of the evidence the court dismissed counts 1, 4 and 5 as to both defendants, count 2 as to appellant and count 3 as to Berbalas. Thereafter appellant was found guilty on count 3—the robbery of one Alice Schnauer, cashier of the Mar-Cal Theater, Hollywood, Los Angeles. He appeals from such judgment of conviction and from an order denying his motion for a new trial.

In view of…