People v. Carter

Opinion

STEPHENS, J.

The appeal in this case follows a conviction and sentence for robbery in the first degree. (Pen. Code, §§ 211 and 211a.)

The main thrust of the appeal is that reversal is required, based upon evidence not adduced at trial; that by virtue of the failure to interview a witness and thereafter to exercise a reasonable tactical decision as to whether to call said person to testify, the trial was relegated to a farce and a sham. (People v. Ibarra, 60 Cal.2d 460, 464 [34 Cal.Rptr. 863, 386 P.2d 487].)

The issue was not raised before the trial court by way of motion for new trial,…