Sharp

Defendant was charged by the information filed by the district attorney, and in separate counts thereof, with the crimes of burglary and robbery, both alleged to have been committed on the same day. The jury returned separate verdicts finding the defendant guilty of both charges. The court in its judgment declared the conviction to have been of both crimes and ordered that the defendant be imprisoned “for the term prescribed by law.” There was a motion for a new trial, which was denied. The appeal was then taken from the judgment and from the order made denying the motion.

Appellant makes several contentions as grounds for reversal of the judgment and order. He contends first that under the facts defendant should not have been convicted of two crimes. Section 954 of the Penal Code permits prosecuting officers to include in the indictment or information separate and different charges “connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts.” By the authority of the provisions of that section, the separate offenses described in the information were properly…