Castilla

Defendant was convicted upon an information charging him with the crime of robbery. He prosecutes this appeal from the judgment and an order of court denying his motion for a new trial.

In addition to a plea of not guilty interposed to the information, defendant entered a plea of once in jeopardy based upon an alleged former acquittal, as to which latter plea the jury found for the people.

It appears that a complaint was "filed with a justice of the peace charging defendant with the robbery of one Enrique Nierago. At the preliminary hearing had before the magistrate it developed that the person robbed was Joaquin Vasquez, and not Nierago. Whereupon the magistrate permitted the district attorney to amend the complaint by inserting the name of Vasquez in place of Nierago. The evidence was such that the magistrate ordered the defendant held for the crime of robbery, as alleged in the complaint thus amended. Thereafter an information was filed charging defendant with the crime, alleging, however, that Nierago was the victim of the robbery. At the trial upon this information, and after the jury had been empaneled and several witnesses had testified, the district attorney asked leave…