People v. Gibbs

In the special circumstances of this case appellants fail in their contentions that they were improperly deprived of the protection of their personal pleas of not guilty of burglary because of the court’s reduction of the issue to one of commission of first or second degree burglary. The record shows their adoption of their counsel’s stipulation and strategy thus to narrow the issue. In the face of appellants’ admissions, as well as the stipulation, they likewise fail to demonstrate prejudicial error in the court’s instructions to the jury so defining the question for its determination.

We…