Kelly

Defendant was convicted of the crime of robbery and, upon judgment of conviction, was sentenced to twelve years in the Folsom prison. He appeals from the judgment and the order denying his motion for a new trial.

In his brief, defendant presents but two objections to any of the proceedings' had at the trial.

First: It is claimed that the deposition of the prosecuting witness, Grunitz, taken at the preliminary examination, was improperly read in evidence by the district attorney for the following reasons: 1. Because his testimony “was taken through an interpreter in a foreign language and was not taken in conformity with section 869 of the Penal Code”; 2. Because such diligence in securing the attendance of the witness, as is required by subdivision 8, section 686 of the Penal Code, was not shown.

It appeared that the deposition was taken before the magistrate through the official reporter, reduced to longhand and filed with the clerk with the reporter’s notes and showed that the witness was duly sworn. It .did not, appear that either the reporter or the interpreter was sworn. The certificate of the reporter read as follows: “I hereby certify that the within transcript numbered…