Cross

The defendant Cross entered a plea of guilty to two counts of an indictment, each count charging the commission of the crime of abortion. (Pen. Code, § 274.) Probation was denied and the defendant was sentenced to be punished by imprisonment in the state prison for the term prescribed by law, the sentences to run concurrently. The remaining counts of the indictment were dismissed insofar as the defendant Cross was concerned. He has appealed from the judgment.

The defendant contends that both he and his counsel were improperly denied the right to address the court prior to the pronouncement of judgment. At the time set for the hearing of the matter of probation and for imposition of judgment, the judge stated that he had read and considered the report of the probation officer and he inquired if there was any legal cause to show why judgment should not be pronounced. The defendant’s counsel answered that there was no legal cause. He then addressed the court at some length upon the subject of the desirability of placing the defendant on probation, ending his statement with the following sentence: “In this regard, the defendant asks the Court for one more chance to prove he is a good…