Fontes

Defendant and appellant was charged by informatiop. filed by the district attorney of Alameda County with the crimes of robbery and burglary and also a prior conviction. Defendant admitted the prior conviction and entered a plea of not guilty to the charges contained in the first two counts. He was found guilty of robbery and burglary in the first degree.

It appeared in evidence that on January 22, 1930, defendant, in company with another, entered a store in the city of Oakland and asked to be shown certain goods. After the proprietor had complied with their request, defendant and his companion demanded money from him. Failing to receive it, they proceeded to beat him about the head and knocked his teeth out. They then took from his person an English one-pound note and other property. A pistol was used in the commission of the crime. Defendant and his confederate then drove away in an automobile. It is here urged as ground for a reversal of the judgment that the trial court erred in forcing the defendant to admit his prior conviction, it being contended that such act was in violation of the provisions of section 13, article I, of the Constitution, which provides that no person…