This form of pleading is authorized by statute. ( In re Kinney, 71 Cal.App. 490 [ 235 P. 460].) But one other question remains for decision which arises out of the court's refusal to give the whole of the alibi instruction offered by the defendant.
However, it simply does not speak to the issue of a partial new trial. In In re Kinney (1925) 71 Cal.App. 490, the court held there was no merit to the contention that the grant of a new trial on seven counts of receiving stolen property also required a retrial of seven counts of burglary. "[It] did not operate to set aside the convictions on the charges of burglary, because the charges were embodied in independent counts upon which separate verdicts were rendered, and consequently constituted distinct judgments of conviction.