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PEOPLE v. BROWN

Docket No. 4456.

186 Cal.App.2d Supp. 889 (1960)

9 Cal. Rptr. 53

THE PEOPLE, Respondent, v. BENJAMIN LEE BROWN, Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

November 3, 1960.

Attorney(s) appearing for the Case

Thomas Higgins for Appellant.

William B. McKesson, District Attorney, and Harry Wood, Deputy District Attorney, for Respondent.

SWAIN, P.J.

[1] The defendant was convicted of violating Penal Code 311, subsection 1 (indecent exposure). He appeals from the judgment and the order denying his motion for a new trial. The only ground urged for reversal is that it was error to give this instruction No. 17 in view of the fact that he relied on the so-called defense of alibi.

INSTRUCTION No. 17

(This is similar to CALJIC No. 34)

"You are instructed that the...

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