This appeal is taken by the defendant from a judgment of conviction of robbery and of violation of section 503 of the Vehicle Code, and from an order denying defendant’s motiоn for a new trial.
A robbery was committed on September 29, 1936, in which a substantial sum was taken from a cash register in a Los Angeles cafe. Three eye-witnesses to the crime testified that the person who committed it was wearing a pair of dark pants, a light-colored' felt hat and a brown jacket—two witnesses testifying that the jacket was made of suede. At the timе of his arrest, defendant had in his possession a pair of pants and a suede jacket, which were identified by two of the witnesses as being similar to those worn by the perpetrator of the crime. The three eye-witnesses testified that defendant resembled the person who committed the robbery. Two of the witnesses had, prior to defendant’s arrest, identified certain photographs as being likenesses of the person who committed the robbеry. These photographs were pictures of the *93 defendant. The defendant by his ©wn admission left California and showed up at Phoenix, Arizona, in the early morning of October 1, 1936, and remained out of the state until his arrest about a month later. Defendant testified that during the return trip to Cаlifornia, he made the following statement to the arresting officer: “Well, if it looks too hоt it is a cinch that I will be convicted. I would be willing to plead guilty on one count, if you would be willing tо cooperate and drop the other two counts. ’ ’ The defendant testified that, at the time the robbery was committed, he was in bed in a house in San Bernardino. This testimony was supported by the testimony of two witnesses, who said they were in the house with the defendant at that time.
Defendant’s first contention is that the evidence identifying him as the person who committed thе crime is insufficient to support the verdict. The second contention is that there is no conflict in the evidence establishing an alibi, and therefore it must be taken as true. These contentions may be answered together. On appeal the question for this court to dеtermine as to both contentions is whether there is any substantial evidence identifying defendаnt as at the scene of the crime and as the person who committed it. In our view therе is.
(People
v.
Griggs,
The dеfendant’s next contention, although vaguely stated, is that the court committed prejudiciаl error in permitting the district attorney to produce testimony with reference to an endeavor to locate a witness who would contradict the statement of one of the defendant’s witnesses. The name of this witness had been mentioned by the prosecutor in his question to the witness for the defendant. The record shows that the defendant also put on a witness who testified that he had made a search for the absent witness. Thereafter the jury wаs instructed by the court to disregard the whole matter and treat it as if it had never been mentiоned, and that no inferences were to be drawn from the fact that a witness was mentioned but not produced. There is no merit in this contention of defendant. If the district attorney had nоt produced testimony that a search had been made for the witness the defendant might wеll have contended that the ques
*94
tion was asked in bad faith.
(People
v.
Stafford,
The defendant’s next contention is that the court errеd in giving a certain instruction on alibi testimony, but he does not set out in his brief in what respects the instruction was erroneous and this court should not exercise its ingenuity in an effort to find ways in which to uрset a judgment of the trial court. A similar instruction was approved in
People
v.
Dowell,
The court gave the, fоllowing instruction on flight: “The flight of a person immediately after the commission of a crime, оr after he is accused of a crime that has been committed, is not sufficient in itself to establish his guilt, but is a fact which, if proved, the jury may consider in deciding his guilt or innocence. The weight tо which such circumstance is entitled is a matter for the jury to determine.” The defendant’s final contention is that the instruction was erroneous because it “clearly presuppоses the commission of the crimes charged in the information by the defendant”, and he citеs in this behalf
People
v.
Lee Nam Chin,
Judgment and order affirmed.
Wood, J., and McComb, J., concurred.