Phillips

In an indictment returned by the Grand Jury of Los Angeles County on December 4, 1968, defendant and 10 others were indicted on 15 felony counts. Count I charges a conspiracy (Pen. Code, §§182, subd. 1, 182, subd. 4); counts II, III, IV, V, VI, X, XI and XII charge theft by credit card (Pen. Code, § 484g); counts VII, VIII and IX charge forgery (Pen. Code, § 470); count XHI charges possession of blank checks with intent to defraud (Pen. Code, § 475); and counts XIV and XV charge credit card forgery (Pen. Code, § 484f).

Defendant eventually pleaded not guilty and waived trial by jury. Defendant personally waived his right to confront and cross-examine all witnesses against him, and it was stipulated that the case be submitted to the court on the transcript of the proceedings before the grand jury, eliminating therefrom the testimony of one John Sherman. Defendant also reserved the right to present additional witnesses. It was stipulated by counsel that the submission in this case was not within the terms of In re Mosley, 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ]. The court was advised by the prosecuting attorney that without the testimony of John Sherman the…