Richman

Appellant was, by an information filed in the superior court of San Diego County, charged jointly with Richard Richman with having committed the crime of assault with a deadly weapon upon the person of Daniel W. Johnson. The assault was alleged to have been committed on or about the twenty-fourth day of October, 1914. At the trial the jury returned verdicts finding Richard Richman not guilty and finding E. Richman guilty of having committed a simple assault. Upon this verdict appellant was sentenced to serve a term of imprisonment in the county jail. This appeal was taken from the judgment.

Appellant contends that because he was called and examined before another court concerning matters affecting the transaction set forth in the information in this case, without having first had read to him section 1324 of the Penal Code, no further proceedings could be taken against him and that the court was without authority to pronounce the judgment as entered. This proposition was urged in the court below, first upon a motion to dismiss the proceedings and later by request for an instruction to be given to the jury. It appears from the record as presented by the reporter’s transcript that…