Docket No. Crim. 20479.

22 Cal.3d 434 (1978)

584 P.2d 533

149 Cal. Rptr. 396

THE PEOPLE, Plaintiff and Respondent, v. PHILLIP NEIL FREEMAN, Defendant and Appellant.

Supreme Court of California.

October 12, 1978.

Attorney(s) appearing for the Case


Douglas R. Schmidt, under appointment by the Supreme Court, for Defendant and Appellant.

Quin Denvir, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Jerry Smilowitz, Joseph Levine and John M. Redmond, Deputy State Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria F. DeHart, Thomas A. Brady and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.



Defendant, Phillip Neil Freeman, appeals from a judgment ordering him committed to the Youth Authority after a jury found him guilty of robbery (Pen. Code, § 211). Defendant, who relied solely upon an alibi defense, contends that the trial court erred in failing to instruct the jury, on its own motion, regarding the principles underlying that defense. As will...

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