Brown

The defendant was convicted of violating Penal Code 311, subsection 1 (indecent exposure). He appeals from the judgment and the order denying his motion for a new trial. The only ground urged for reversal is that it was error to give this instruction No. 17 in view of the fact that he relied on the so-called defense of alibi.

Instruction No.

(This is similar to CALJIC No. 34)

“You are instructed that the Statute of Limitations in these cases is one year; that the date of the offense need not be proved as alleged. Any date within the period of the Statute of Limitations is sufficient.”

The respondent claims that the following cured the error, if any, in giving instruction No. 17.

Instruction No.

(CALJIC No. 31)

“When one who was not at the place where a crime was committed at the time of its commission is later charged with having been present and having committed or taken part in committing such crime, his absence from the scene of the crime, if proved, is a complete defense that we call an alibi.

“The defendant Benjamin Lee Brown in this case has introduced evidence tending to prove that he was not present at the time and place of the commission of the alleged…