People v. Roche

The defendant was charged with having violated the provisions of section 337a of the Penal Code, subdivisions 2, 4 and 6 thereof, on the 6th day of June, 1944, in the city and county of San Francisco. The charges relating to subdivisions 4 and 6 were dismissed and after a plea of not guilty the case proceeded to trial before a jury on the first count alone. The defendant was found guilty and sentenced. From the judgment he prosecutes this appeal.

The defendant complains because the trial court refused to give an instruction which was as follows: “You are instructed that the evidence of police…