Hoover

Defendant James Hoover was convicted by a jury in the Superior Court of Yolo County on April 7, 1930, of murder of the second degree. Having suffered a prior conviction, he was sentenced to imprisonment in the state prison at Folsom and is now incarcerated there. Long after this judgment had become final, and on September 11, 1931, he filed a motion in the Superior Court of Yolo County to set aside and vacate said judgment of conviction of murder upon the ground that he was held to answer to the superior court for the murder of Roy Smith and was tried in the superior court and convicted of the murder of Ray Smith. The motion was denied by the learned trial judge on September 21, 1931. From the order denying said motion the defendant prosecutes this appeal.

These additional facts appear in the record: A criminal complaint was filed against said defendant under the name of Jimmie Ray on February 3, 1930, in the justice’s court of Washington township, Yolo County, charging him and a man called Lester Ray with the murder of Roy Smith, a human being. A preliminary examination followed and they were held to answer to the superior court for the murder of Roy Smith. Thereafter the…