Bais

Appellant William Allen Bais was charged by information with the robbery of Harry Darr on July 30, 1971, in, violation of Penal Code section 211. The information also alleged that he had been armed with a deadly weapon at the time, and that he had two prior felony convictions. Before trial in the prosecution which followed, throughout which he was represented by the public defender, he admitted the prior convictions. A jury found him guilty as charged and fixed the crime as robbery in the first degree. He appeals from the judgment of conviction, contending that the trial court committed prejudicial error in granting a mid-trial prosecution motion for discovery of extrajudicial statements made by alibi witnesses.

The record of the prosecution’s evidence supports the following summary thereof: Harry Darr (the robbery victim named in the information) was working in the office of Western States Stone, a business establishment in Hayward, at approximately 5 p.m. on July 30, 1971. Another employee, Bill Ratzburg, was also present. The two men were' in the process of closing the place for the day. After Darr had deposited money in a safe in a storeroom, he observed an…