Moronati

Defendant was convicted under a charge of having narcotic drugs in his possession. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The minutes of one of the departments of the superior court from which the appeal is prosecuted show that appellant, upon his arraignment, “regularly enters his plea of ‘Not Guilty’ as charged in the information. Defendant denies prior conviction, but pleads former jeopardy and the trial of the action is thereupon set for” a named date. The denial of prior conviction resulted, of course, from the fact that a prior conviction was charged in the information. A trial of appellant in the department in which he was arraigned occurred later, the jury disagreed, and the cause was reset for trial in the same department. The minutes of the department under the date upon which the cause came on for retrial show: “Cause is transferred to Department 7 [a different department of the court] for immediate trial.” Appellant was tried and convicted in the department to which his cause was thus transferred. The minutes of that department, on the date of the trial and after the jury was impaneled, read:…