Morales

McDANIEL, J.

Defendant was convicted of robbery and first degree murder in connection with a purse-snatching incident. He appeals from the judgment on the verdict rendered in the presence of reversible error in the form of a failure to give a requested jury instruction.

On August 17, 1973, Mrs. Garnet Libby and her mother, Mrs. Minnie Smith, were walking home from the store down a residential street in Anaheim. Defendant passed the two ladies walking in the opposite direction. He then turned and, approaching Mrs. Smith from behind, grabbed her purse and fled down the street. A witness who was standing across the street testified that defendant pushed Mrs. Smith as he seized the purpose. Mrs. Smith fell to the ground, suffering a dislocation and fracture of her elbow.

Mrs. Smith was 79 years old. The evidence indicated that before the crime she was in relatively good health and led a very active physical life for someone of her age. After the purse-snatching incident, Mrs. Smith was taken to a hospital where minor surgery was performed on her elbow. She remained in the hospital for three days and then returned home. Both while in the hospital and during the ensuing two…

Defendant was convicted of robbery and first degree murder in connection with a purse-snatching incident. He appeals from the judgment on the verdict rendered in the presence of reversible error in the form of a failure to give a requested jury instruction.

On August 17, 1973, Mrs. Garnet Libby and her mother, Mrs. Minnie Smith, were walking home from the store down a residential street in Anaheim. Defendant passed the two ladies walking in the opposite direction. He then turned and, approaching Mrs. Smith from behind, grabbed her purse and fled down the street. A witness who was standing across the street testified that defendant pushed Mrs. Smith as he seized the purse. Mrs. Smith fell to the ground, suffering a dislocation and fracture of her elbow.

Mrs. Smith was 79 years old. The evidence indicated that before the crime she was in relatively good health and led a very active physical life *138 for someone of her age. After the purse-snatching incident, Mrs. Smith was taken to a hospital where minor surgery was performed on her elbow. She remained in the hospital for three days and then returned home. Both while in the hospital and during the ensuing two weeks at…

I dissent.

As the majority correctly states, only one person actually observed the purse snatching—Mrs. Romero—and I will challenge anyone to read Mrs. Romero’s testimony and come to any other rational conclusion but that she testified clearly and unequivocally to a robbery, not to a grand theft from the person.

The rule on requested instructions is clear—such instructions must be given if there is any evidence on the issue deserving of any consideration whatever. (People v. Carmen, 36 Cal.2d 768, 773 [ 228 P.2d 281 ].) But any evidence means some evidence. “It is not error to refuse a request for instructions on self-defense when there is no evidence from which it can be inferred that the defendant feared great bodily harm or death at the hands of the victim, or when the defendant has denied acting in self-defense and claimed the death was accidental. [Citation.]” (Italics added.) (People v. Sedeño, 10 Cal.3d 703, 718 [ 112 Cal.Rptr. 1 , 518 P.2d 913 ].)

*147 Mrs. Romero testified that she saw the defendant “push the elderly lady down ... hit her with such hard force that she fell immediately . . . she kind of made a spindle turn . . . her body actually turned ... he actually…