Barwick

The defendant appeals from a judgment of conviction for perjury and also from an order denying a new trial, relying principally upon the asserted error of the trial court in refusing to give him time to plead to an amended information charging a prior conviction of a felony.

The appellant pleaded not guilty to an information charging him with the crime of perjury. When the case came on for trial the district attorney presented an amended information alleging the prior conviction “of the crime of possession of a still, a felony”. Appellant asked time to file a demurrer to the information as amended, and also asked for a continuance of the trial. Each of these requests was refused, but with the statement from the trial judge that if the district attorney proved the prior conviction, there might then be ground for a continuance. The appellant denied the prior conviction and the trial proceeded before a jury which found the appellant guilty of perjury and the allegation of prior conviction of a felony to be true.

Section 969a of the Penal Code provides: “Whenever it shall be discovered that a pending . . . information does not charge all prior felonies of which the defendant has…