Lewis

The defendant was charged by information, together with one Robert D. Whelchel, with two offenses of robbery. After the jury had been sworn and the trial commenced the court on motion of the district attorney dismissed count I. The jury returned a verdict of guilty of the offense charged. The defendant Lewis was granted a new trial and Whelchel was sentenced to San Quentin. In the minutes of the court of March 10, 1930, we find this entry: “Motion for a new trial is argued and granted. The court orders count I of 'the information be refiled.” In accordance with this order an amended information was ’ filed, charging the defendant with two counts of robbery, the first count being identical with count I in the information previously filed and which had been dismissed. During the second trial, and over the objection of the defendant, who had interposed the plea of former jeopardy, testimony was introduced identifying the defendant as one of two men who robbed the Richfield service station at Slauson and Avalon Boulevard in Los Angeles of about $40 ■ on the evening of January 2, 1930, at about 7 o’clock P. M., which was about one hour and forty-five minutes before another service…