People v. Smith

The defendant was convicted upon information charging him and one Edward Egan jointly with the crime of robbery. The two were separately tried and the defendant has appealed from the order denying him a new trial and from the judgment.

The facts of the case are that on the twenty-eighth day of October, 192'4, the complaining witnesses, Mr. and Mrs. P. I. Jacoby, returned to their home in Jackson street, in the city and county of San Francisco, at about 12 o’clock midnight and retired to their sleeping apartments upon one of the upper floors of the building. Their home had two entrances, one in…