Velarde

Defendant-appellant was charged in two counts of an information with furnishing a narcotic (marijuana) to a minor, Joy Quarles (aged 19) on or about December 26, 1955, and on or about the same day with furnishing such a narcotic to one Davida Finley (aged 16). He was also charged with two prior convictions of a felony (murder and possession of narcotics) which he admitted. He pleaded *670 not guilty to the charges. The jury found him guilty as alleged.

On his appeal from the judgment and order denying a new trial he claims that since his basic defense was an alibi as to his association with these minors on December 26, 1955, and the time fixed by their testimony as to the commission of said offenses, it was prejudicial error to give an instruction to the effect that:

No claim is made that the evidence is not sufficient to support the convictions. A brief résumé of the girls’ testimony is that on December 26, 1955, at about 6:30 p.m. (Davida’s birthday) they went around to several homes with one Bob Long and engaged in conversation generally about Christmas festivities. At the Alwardt home they had an alcoholic drink and appellant Frank Velarde came there and was introduced to…