Brooks

Appellant herein was convicted of the crime of robbery and prosecutes this appeal from a judgment of conviction, and order of the court denying motion for a new trial.

The appellant does not contend that the evidence is insufficient to sustain the verdict and judgment, but claims that the evidence was such that the errors complained of were more prejudicial than they ordinarily would be.

As to the refusal of the instruction requested in reference to weighing evidence of alibi testimony, the question is covered by at least three instructions given. The defendant was positively identified as being the negro on the car on the night of the robbery and being the negro who got off the car with the complaining witness and a white companion at Willowville, near Long Beach, a few minutes before the robbery. Although the complaining witness could not identify the defendant, yet the identification by the two witnesses who were on the car, of the defendant, at the same time when his mother and two other witnesses testified he was in Los Angeles at his own home, makes a sharp and positive conflict in the evidence, and the jury, to have convicted the defendant, must have found that his alibi…