People v. Tracy

Appellants were jointly charged by information with the crime of robbery. Prior to the commission of the offense appellant Tracy had been convicted of the crime of burglary and had served a term in San Quentin. Upon arraignment he pleaded guilty to his prior conviction, but both defendants pleaded not guilty to the charge of robbery of which they were tried by a jury and convicted. Motion for a new trial was made and denied and they were sentenced to the state prison.

Appellant Tracy urges as ground for reversal the omission of the trial court to instruct the jury upon the defense of alibi…