People v. Williams

Defendant was duly convicted of the crime of robbery in the second degree. He appeals from the judg ment of conviction and the order denying Ms motion for a new trial.

On Jannary 28, 1933, an establishment known as a “ clnb ’ ’ was robbed by a man wearing a black mask made out of a piece of sock. Defendant had frequently visited the place prior to the robbery. Shortly after the commission of the offense he was found in a near-by apartment. He was positively identified by three witnesses to the robbery and the prosecution also introduced evidence of circumstances pointing to his guilt. Defendant took the stand and attempted to prove an alibi. Among the first questions asked of Mm by his own counsel was one relating to his prior conviction of a felony, which he admitted.

The only questions raised on this appeal relate to the giving and refusing of certain instructions by the trial court. Appellant first complains of the giving of what may be termed a stock instruction relating to the manner of impeaching a witness. The portion of the instruction complained of was given in the identical language of section 2051 of the Code of Civil Procedure. There was no error in giving this…