Moriarity

The district attorney filed an information against the defendant charging him with violation of section 288 of the Penal Code. The victim of defendant’s lasciviousness was a child nine years of age.

The record contains recitals in substance as follows:

On June 27, 1922, the cause came on to be heard for arraignment, defendant being represented by the public defender. Defendant was arraigned and the cause continued until June 30th to plead. On June 30th defendant pleaded not guilty, and the cause was continued to July 7th for trial. On July 7th the cause was ready for trial, the defendant with his counsel was present, and on defendant’s own motion he was permitted to withdraw his former plea o-f not -guilty and thereupon pleaded guilty to the charge. He waived time for judgment and was arraigned for judgment. Defendant asked for probation and the court continued the cause to July 12th, and thereafter to July 14th. On July 14th the cause came on to be heard upon defendant’s motion for probation. Witnesses were sworn and examined as to the facts in the case.

At this stage of the proceedings defendant’s present counsel Ernest B. D. Spagnoli, made his initial appearance as counsel…