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PEOPLE v. EDWARDS

Docket No. 4224.

213 Cal.App.2d 569 (1963)

28 Cal. Rptr. 880

THE PEOPLE, Plaintiff and Respondent, v. NAPOLEON EDWARDS, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

March 5, 1963.

Attorney(s) appearing for the Case

Herman H. Fitzgerald, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, and John S. McInerny, Deputy Attorney General, for Plaintiff and Respondent.

BRAY, P.J.

Defendant appeals from judgment (after jury verdict) of conviction of first degree robbery (violation of Pen. Code, § 211) and purports to appeal from the order denying new trial.1

QUESTION PRESENTED

Should the trial court on its own motion have instructed on (a) identification, (b) alibi?

RECORD

Shortly past midnight on February 9, 1962, Mrs. Kathryn Banchero, a clerk in a liquor store...

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