Phillips

On this appeal from a conviction for possession of forged checks for payment of money (Pen. Code, § 475), and conspiracy to commit forgery (Pen. Code, §§ 182 and 470), the main question presented is whether defendant’s right to counsel has been infringed upon. For the reasons that follow, we have concluded that defendant suffered an improper deprivation of counsel and that therefore the judgments appealed from must he reversed. Accordingly, we see no reason to discuss defendant’s remaining contention that the trial court denied him due process in refusing to subpoena witnesses.

Defendant’s claim of the infringement of his right to counsel is predicated upon events occurring at the preliminary hearing occurring on November 5, 1962. Defendant was arraigned before a magistrate on October 29, 1962. There is no record of the arraignment proceedings, other than the clerk’s minutes. The minutes do not indicate whether defendant was informed of his right to the aid of counsel, but they disclose that he appeared without counsel and that the preliminary examination was set for November 2, 1962. The record discloses that thereafter, on October 30, 1962, defendant was present in court…