Velvin

On this appeal it must he assumed that the defendant was properly convicted of the crime of robbery, committed on the eighth day of August, 1930. No contention is made to the contrary. The questions raised by appellant relate to an alleged former conviction of burglary.

In the information it was alleged that before the commission of the offense charged the defendant, in the said Superior Court of Los Angeles County, was convicted of the crime of burglary. Pursuant to consent duly given, the present case was tried without- a jury. The minutes of the court show that at the beginning of the trial “defendant admits prior conviction”. The reporter’s transcript further shows that before any evidence was introduced the district attorney called attention to the fact that the prior felony conviction was denied. Thereupon the attorney for defendant said that there was no question but that the defendant was convicted and that “for the purpose of the record at this time we will admit the prior”. Thereupon the court inquired: “You -withdraw the plea heretofore made and enter a plea that you have suffered such prior conviction?” To this attorney for defendant replied, “Yes.” Thereupon a…