Grimes

By amended information ified on - May 24, 1928, the defendant was charged with the crime of violating the State Poison Act (Stats. 1907, p. 124.) It was further alleged that prior to the commission of said offense the defendant had been convicted of a felony in the county of Imperial, that he had been convicted of a felony in the county of Sacramento, and also that he had been convicted of a felony in the county of Maricopa in the state of Arizona. On the eleventh day of June, immediately prior to the trial of the case, the charges of former conviction in Imperial County and in Arizona were stricken from the information. It follows that when the jury rendered its verdict finding the defendant guilty of violating the State Poison Act as .charged and further found the charge of previous conviction “true as charged in the amended information,” only one previous conviction was established.

On June 22, 1928, a second amended information was filed in which said charges of former conviction in Imperial County and in Arizona were renewed. At that time the defendant stood mute on the matter of said second amended information. Thereupon, the court pronounced judgment and transferred the…