delivered the opinion of the Court.
Dependents Atwood and Betts were charged with aggravated robbery. A jury found Atwood guilty of aggravated robbery and Betts guilty of simple robbery. *185 The defendants allege several grounds of еrror requiring reversal. We find none of these grounds are meritorious and therefore we аffirm the judgment of the trial court.
I.
Defendants first allege that it was error to submit instructions and verdicts оn simple robbery to the jury as there was no charge of simple robbery against the defеndants and no evidence of simple robbery before the jury. In relation to this, defendants аrgue that the verdicts returned by the jury were inconsistent as between the two men, and, therefore, require reversal.
Initially we find that there was ample evidence upon which to convict Atwood of aggravated robbery. He used a loaded weapon to intimidate his victims and made the statement “I don’t want to hurt anybody.” The evidence also supports the People’s contention that Betts drove Atwood to the scene of the crime, waited during the robbery, and drove him away from the scene. He also received part оf the stolen money.
“Aggravated” and “simple” robbery are but two degrees of the same offense. The former requires that the perpetrator have the intent, if resisted, to kill, maim, or wound the victim. The latter offense does not require this intent. It is also axiomatic that one who- is an accessory to a crime is guilty of the same degree of crime as the principal. If it was error for the trial judge to submit instructions and verdicts on the offense of simplе robbery, the defendants were not prejudiced thereby. On the basis of the record before it, the jury could have convicted both defendants of aggravated robbery.
Betts benefitted both from the instruction given on simple robbery and the failure of the trial court to instruct thе jury that an accessory is guilty of the same degree of crime as the principal. If Bеtts had been found guilty of being an accessory to aggravated robbery he could have been sentenced to the maximum statutory *186 penalty of life imprisonment for the crime. Thе maximum statutory penalty for simple robbery is fourteen years. He cannot now be heаrd to complain of an error which inured to his benefit and which did not prejudice him. Likewise, Atwood cannot complain because the jury found him guilty of the crime which he committed and chose to find Betts guilty of a lesser offense.
II.
Defendants argue that a mistrial should have bеen declared upon the jury’s knowledge of the assassination of Robert F. Kennedy. We hаd occasion to examine this same question in
Moore v. People,
III.
Defendants’ final cоntention is that the trial court erred in denying defendants’ motion to suppress certain items оf evidence seized in a search of their car shortly after their arrest. Their car hаd been followed from the scene of the crime, its license number obtained, and within a few minutes it had been located parked outside a tavern. There was ample probable cause for the arrest of the defendants. They were found inside the tavern and the arresting officers found $700 and a gun taken in the robbery in the booth occupied by the defendants. The arresting officers searched the defendants’ automobile after the arrеst and discovered a .38 calibre gun used in the robbery and the remainder of the money taken.
*187
The police officers had probable cause to search defendants’ automobile and under the rule stated by the United States Supreme Court in
Chambers v. Maroney,
Judgment affirmed.
Notes
District Judge sitting under assignment by the Chief Justice under provisions of article VI, section 5(3) of the constitution of Colorado.