Wilson

From a judgment following his conviction on each of two counts in an information wherein he was charged with the commission of the crime of robbery, and from an order by which his motion for a new trial was denied, defendant has appealed to this court.

Although on the trial of the action defendant was identified by the sole victim in each of the robberies as the person who committed the crime, by the testimony of each of several apparently reputable witnesses it was made to appear that at the time when such robbery was committed defendant could not have been present thereat; in other words, disregarding any question of the credibility of such witnesses, a complete and perfect alibi for defendant was established by the evidence presented by him. After instructing the jury as to the duty of the prosecution to establish beyond a reasonable doubt “each and every material fact relevant to the issue” and that in meeting such evidence the defendant was only required to present sufficient evidence to raise in the minds of the jury a reasonable doubt as to the truth of any such material fact—the trial court gave to the jury the time-honored instruction set forth in section 1096 of the…

I dissent. I believe that the instructions refused were too involved to be given to the jury.