Rudolph

Convicted under an information filed by the district attorney of Sonoma County in the superior court of said county of the crime of petit larceny with a prior conviction of the same offense, the defendant brings the cause to this court on an appeal from the judgment and the order denying him a new trial.

The information first charges the defendant with having unlawfully and feloniously stolen, taken and carried away “one brace and drill of the value of four dollars, the personal property of one John Bonne.” It then charges: “That the said defendant, Prank Rudolph, before the commission of the offense charged in this complaint, to wit, on the 2d day of November, 1914, was in the Recorder’s Court of the City of Petaluma, County of Sonoma, State of California, convicted of the crime of petit larceny, and which said judgment of conviction has never been annulled, reversed or set aside.” (Pen. Code, sec. 969.)

The defendant pleaded not guilty to each of the charges thus laid against him.

The first point made by the defendant is that the prior conviction of the defendant of petit larceny as charged in the information is void, inasmuch, so he asserts, as the trial of the defendant on…