People v. Sutton

BRAY, J. †

Defendant appeals from judgment of conviction after jury verdict, of violation of section 211, Penal Code (armed robbery).

Sole Question Presented

Should the trial court, of its own motion, have instructed the jury to disregard the fact of the incarceration of defendant’s alibi witness?

Record

Defendant was charged with three counts of armed robbery. Count 1, the robbery of the Esquire Bar on March 24, 1963; Count 2, the robbery of the adjoining liquor store the same evening; and Count 3, the robbery of Moore’s Pharmacy on April 1, 1963. The jury found defendant not guilty under Counts…