73 Cal. 548 | Cal. | 1887
— The defendant is accused by information of petit larceny, and four previous convictions of petit larceny. On his arraignment, he pleaded not guilty of the petit larceny charged in the information, and confessed and pleaded guilty to the prior convictions.
Each of the foregoing rulings was error. (People v. Carlton, 57 Cal. 559; People v. Brooks, 65 Cal. 295; Ex parte Young Ah Gow, ante, p. 438.) The defendant having confessed the previous conviction, the reading to the jury of that part of the information which related to the previous conviction is directly contrary to law. It is inhibited in section 1093 of the Penal Code. (See also Pen. Code, sec. 1158.) When the previous conviction is confessed, the jury has nothing to do with it. It is error then to offer any evidence to the jury in re
The court also erred in telling the jury that they must find whether the defendant had suffered a previous conviction. This is contrary to the statute. (Pen. Code, sec. 1158.) This is only to be done by the jury when the previous conviction is denied. (Pen. Code, secs. 1093, 1158.)
That the defendant was prejudiced by the above rulings of the court, we can entertain no doubt.
For these errors, the judgment and order are reversed, and cause remanded for a new trial.