Rosencrantz

Defendant was tried before a jury on an information charging the fraudulent making, drawing and uttering a check upon a hank without sufficient funds, and also charging three prior convictions of separate felonies. The defendant denied the first prior conviction alleged and admitted the second and third. The jury found her guilty of the offense charged in the information and also found that she had suffered the first alleged prior conviction. She was thereupon sentenced to the state prison at San Quentin for the term prescribed by law, which, under the terms of section 644 of the Penal Code, calls for imprisonment for not less than life. Prom the judgment following the verdict and from the order denying her a new trial the defendant has appealed on a typewritten record.

The first prior conviction set out in the information was for fraudulently drawing a check without sufficient funds on January 12', 1920. The defendant denied this conviction and, the issue having been joined, the jury found against the defendant. She now argues that, because she was given probation following that conviction, it might be possible that the plea of guilty had been withdrawn and the charge dismissed.…