People v. Freeman

Opinion

RICHARDSON, J.

Defendant, Phillip Neil Freeman, appeals from a judgment ordering him committed to the Youth Authority after a jury found him guilty of robbery (Pen. Code, § 211). Defendant, who relied solely upon an alibi defense, contends that the trial court erred in failing to instruct the jury, on its own motion, regarding the principles underlying that defense. As will appear, we have concluded that although defendant was entitled to the instruction upon request, the trial court did not err in failing to act sua sponte.

The record discloses that a grocery store clerk was robbed by a…