Vasquez

In the lower court each of the three defendants was charged in each of two counts in the information with the commission of the crime of robbery. On the trial each of the defendants was convicted on the first count; while as to the second count, defendant Melendez only was convicted. The appeals herein are from the several judgments and orders denying the motions for a new trial.

The defense consisted of considerable evidence which tended to establish an alibi. Prejudicial error is predicated upon the refusal by the court to give to the jury the following instruction requested by each of the defendants:

As calculating in some measure to offset the failure of the trial court to instruct the jury with reference to the law relating to the alibi of the defendants, attention is directed to an instruction given to the jury to the effect that the burden rested with the prosecution to prove the guilt of the defendant beyond a reasonable doubt.

In the case of People v. Fong Ah Sing, 64 Cal. 253 [ 28 Pac. 233 ], the propriety of the giving of an instruction in substance such as was requested by the defendants herein is clearly indicated. Likewise, in the case of People v. Wong Loung, 159…