Cordosco

In this action the information charged the defendant with the crime of violation of the Wright Act (Stats. 1921, p. 79), a misdemeanor, by wilfully and unlawfully having in his possession intoxicating liquor. The information further charged prior commission of a like offense, for which it was alleged that he had been prosecuted, and had been convicted and sentenced. After a general plea of not guilty, this case was tried before a jury, which found 'the defendant guilty, as charged. The verdict did not comply with the requirement of section 1158 of the Penal Code that in a case so presented the jury must find specifically upon the charge of previous conviction.

Thereafter, at the time fixed by the court for pronouncing judgment, the defendant objected as follows: “Defendant, by his counsel, objects to any judgment being pronounced on the grounds that the court has no jurisdiction to pronounce judgment and moves the court to discharge the defendant on the grounds that the verdict is insufficient and that the court has no jurisdiction to pronounce judgment.” After argument of the question thus presented, the court made the following order: “Objection to pronouncing judgment…