People v. Carter

BRAY, J.*

Both defendants appeal from judgment of conviction, after jury trial, of robbery in the second degree.1

Questions Presented

As to both defendants:

1. Failure of trial court sua sponte to appoint separate counsel;

2. Admission of extrajudicial statements by codefendants incriminating the other defendant;

3. Insufficiency of evidence ;

4. Court’s failure to instruct sua sponte on assault as an. included offense and to consider certain testimony of Officer Sanich with distrust.

Evidence

At the trial both defendants were represented by the same deputy public defender.

About 11 p.m., Mrs. Belle…