The unquestioned evidence is that the defendant Elling shot Skaritza for a reason personal to Elling and unrelated to the robbery and that the defendant Bender tried to prevent the act.

As to the defendant Bender the judgment, so far as appealed from, should be reversed and the second count of the indictment dismissed.

As to the defendant Elling, the judgment of conviction should be affirmed.

Lehman, Ch. J., Loughban, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgment accordingly.