Seitz

The defendant was found guilty and sentenced on three charges of robbery, two' counts of “attempt to commit robbery,’’ and one of burglary. He appeals from the judgments pronounced upon the verdicts and from the order denying his motion for a new trial.

Inasmuch as it is one of appellant’s contentions that error was committed by the court in permitting the district attorney to amend the information we shall, before reciting any of the testimony, examine that question. The original information consisted of fifteen counts containing not only the charges upon which the appellant was convicted, but ten others, the nature of which ten it is unnecessary to state at this time. A demurrer and a motion to set aside the information as to each count except the first one, which accused the defendant of robbery, were interposed, the latter on the ground that the defendant had not been committed by a magistrate for any offense except that alleged in count I. The motion was denied. The demurrer was sustained as to counts VI, XII, XIII, XIV and XV, the only one in which we are interested being the sixth, which contained the charge of burglary upon which the appellant was convicted. The defendant…