Howard

Appellant was charged by information, filed in the superior court of Alameda County, with the crime of attempted burglary and further therein charged with having on January 14, 1920, prior to the attempted burglary alleged, been convicted under the name of Charles Leonard, of a felony, to wit, burglary of the second degree in the superior court of San Diego County; and that on said conviction he served a term of imprisonment in the California state prison at San Quentin. Appellant entered a plea of not guilty to both charges, on both was convicted, and was sentenced to be imprisoned in said state prison. He moved for a new trial, which was denied, and from the order and judgment has appealed.

Appellant assigns certain rulings of the court as prejudicial error, and contends that the evidence adduced by the prosecution on the charge of a prior convicton is insufficient to support the verdict.

The evidence in support of that charge was the testimony of A. B. Monahan, a guard employed at San Quentin prison, who identified appellant as a person who between the months of January, 1920, and November, 1922, was confined in that prison as a convict and known to the witness as Blackie…