Wilson

Two informations, both of them charging the offense of violating the State Poison Act (Stats. 1907, p. 124), were filed against the defendant. One of them alleged the crime to have been committed on March 24, 1929, and the other on March 25th.' The eases were consolidated and he was found guilty of both offenses. This was on May 20, 1929. Time for sentence was fixed by the court for May 23d. On this latter day the court denied defendant’s motion for a new trial and at the same time permitted the district attorney to file two amended and supplemental informations charging the defendant with a prior conviction, in the District Court of the United States, of the offense of violating the Harrison Narcotic Act (26 U. S. C. A., secs. 211, 691-707), and Jones-Miller Act (21 U. S. C. A., secs. 171-177, 180, 182, 184, 185). Upon the denial by the defendant of the prior conviction the trial judge refused to pronounce usentencc; set the trial upon the issues presented by the supplemental informations for May 31st, and continued the time for sentence to the same date.

Just before the defendant denied the prior conviction his counsel moved for a new trial on the ground that the filing of the…