155 P. 142 | Cal. Ct. App. | 1915
Appellant was, by an information filed in the superior court of San Diego County, charged jointly with Richard Richman with having committed the crime of assault with a deadly weapon upon the person of Daniel W. Johnson. The assault was alleged to have been committed on or about the twenty-fourth day of October, 1914. At the trial the jury returned verdicts finding Richard Richman not guilty and finding E. Richman guilty of having committed a simple assault. Upon this verdict appellant was sentenced to serve a term of imprisonment in the county jail. This appeal was taken from the judgment.
Appellant contends that because he was called and examined before another court concerning matters affecting the transaction set forth in the information in this case, without having first had read to him section
"Come the people by H. V. Mather, Esq., Deputy District Attorney, and come the defendants herein by counsel, Leroy A. Wright, Esq., and it is stipulated in open court that subsequent to Oct. 24, 1914, the day on which the fight occurred between defendants and Daniel W. Johnson, the defendants E. Richman and Richard Richman were examined by Deputy District Attorney of San Diego County in the case of thePeople of the State of California, Plaintiff, v. Daniel W.Johnson, charged with assault upon E. Richman and Richard Richman and that at said preliminary hearing an inquiry was being conducted as to the fight that occurred on Oct. 24, 1914. That both of the defendants in the above entitled case were examined by the District Attorney as to the matters and things concerning said fight and said defendants were required to and did testify concerning the same. That prior to the defendants being sworn and prior to their testifying Section
Section
For the reasons given, it is ordered that the judgment be and it is affirmed.
Conrey, P. J., and Shaw, J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on January 10, 1916.