Therefore, the ruling, if erroneous, was harmless. ( Carter v. Meuli, 122 Cal. 367, [55 P. 138]; Dauphiney v. Red P. Co., 123 Cal. 550, [56 P. 451]; Duffy v. Duffy, 104 Cal. 607, [38 P. 443]; Chapen W. Co. v. Chapman, 144 Cal. 373, [ 77 P. 990].) The judgment and order are affirmed.
Defendants have been convicted of the crime of grand larceny, and appeal from the judgment and order denying their motion for a new trial. They introduced evidence tending to establish an alibi, and, as bearing upon this branch of the case, the court gave the jury the following instruction: "You [55 P. 138] are instructed that if the defendant, or the defendants, was at some other place at the time it is alleged or proven that the crime was committed, it is what in law is called an alibi. When satisfactorily proven, it is a good defense in law.