People v. Hulderman

Opinion

COUGHLIN, J., *

By an information defendant was charged with entering the residence and building occupied by Georgia Ellen Pettit with intent to commit petty larceny, a violation of Penal Code section 459, which was amended to charge he entered a residence and trailer coach; was convicted; and appeals.

On appeal defendant contends: (1) the trial court erred prejudicially in failing to instruct sua sponte on a lesser-included offense; (2) the court erred prejudicially in instructing the jury the defendant had offered alibi evidence; (3) the judgment should be set aside because it was not…