Tossey
People v. Tossey
Opinion
Lead Opinion
Finch, J.
The information herein, charging the defendants with the crime of robbery, was filed October 21, 1926. On their arraignment two days later the defendants appeared without counsel and, after being duly informed of their rights, stated that they did not desire counsel to represent them. Tossey, who will be referred to as the defendant, stated that his true name is James Trautman. They both entered pleas of guilty and waived time for pronouncing sentence. The court thereupon examined Tossey, who was not under oath, however, in part as follows: “Q. How old are you, Trautman? A. Fifteen. Q. Fifteen? A. Yes sir. Q. Tell me the truth about it, how old are you? A. I told you the truth, sir. Q. You are only fifteen? A. Yes, sir. Q. You are a big boy for fifteen. ... I don’t know as I can send a boy of your age to San Quentin, to state’s prison. ... A. I never knew you could send a juvenile to prison. Q. Of course you can; that doesn’t prevent sending you to prison; don’t think you are immune because you are a juvenile that you can go out and commit any crime. A. I never meant that; but what are our reformatories for? Q. . . . What year were you born? A. 1911. ... Q. At the time you…