Mellus

This is an appeal by the defendant from a judgment of conviction based upon an information filed in the Superior Court of the County of Sonoma, by the district attorney, on the twenty-fourth day of March, 1933, and from the order of the court denying his motion for a new trial. Two sentences were imposed upon the appellant, running consecutively. The information is in two counts, to wit: Count one charges that the defendant, on or about the nineteenth day of February, 1933, in the county of Sonoma, wilfully and feloniously stole certain chickens belonging to one Fred Martin. Count two charges that the defendant on or about the nineteenth day of February, 1933, in the county of Sonoma, wilfully and feloniously stole certain chickens belonging to one F. W. Collings. The information also charged that the defendant had suffered a prior conviction for the crime of burglary committed in the state of Nevada, and had served a term of imprisonment therefor in the penitentiary of said state. The defendant pleaded guilty to the prior conviction, and not guilty to the two counts set forth in the complaint.

Upon this appeal no contention is made that the testimony is not sufficient to support…