PEOPLE v. SUTTON

Docket No. 4534.

231 Cal.App.2d 511 (1964)

41 Cal. Rptr. 912

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH SUTTON, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 29, 1964.


Attorney(s) appearing for the Case

Norman Tilbury, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Robert R. Granucci and James Murad, Deputy Attorneys General, for Plaintiff and Respondent.


BRAY, J.

Defendant appeals from judgment of conviction after jury verdict, of violation of section 211, Penal Code (armed robbery).

SOLE QUESTION PRESENTED

Should the trial court, of its own motion, have instructed the jury to disregard the fact of the incarceration of defendant's alibi witness?

RECORD

Defendant was charged with three counts of armed robbery. Count 1, the robbery of the Esquire...

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