Berry

The defendant was convicted on six counts, being all of the counts of the information; three burglaries, two robberies and one grand theft. Also, it was charged that before the commission of said several offenses the defendant had been convicted of four other felonies, occurring severally in the states of Idaho, Colorado and Texas, and in California, and that he had served terms of imprisonment therefor. The defendant admitted the former conviction and imprisonment in California and denied the others. At the trial the ■ prosecution was unable to complete its proof of said former convictions not admitted, and particularly was unable to prove that this defendant served any term of imprisonment under said alleged convictions in Idaho, Colorado and Texas or either of them. Accordingly the jury, in conformity with the court’s instructions, found in favor of the defendant on said charges of former conviction.

The offenses charged in the information in the present ease consisted of a burglary committed on the fourteenth day of December, 1930, and a robbery in connection therewith; a second burglary committed on the" same day and the crime of robbery in connection therewith; and the…