Stanich

Several years ago the defendant was in court to answer to a felony information which was at least not a model information. It started out with an attempt to charge “encumbering mortgaged property, a felony,” but failed to allege that such encumbrance was made without giving notice in writing to the person holding the mortgage or to whom the second mortgage was to be given. However, the information also did allege the removal of the same mortgaged personal property from the county wherein the first mortgage was given, without the written consent of the mortgagee, which fact as alleged constituted a felony. (Pen. Code, see. 538.)

The information was sufficient as to the removal charge, even if it was defective as to the first charge; and it was misleading and subject to demurrer for uncertainty as to which of the two alleged charges of felony was to be relied on; and as to whether it -was meant to be made on two counts or on one count only. However, the record discloses the fact that no demurrer of any kind w7as ever filed, and the defendant pleaded “guilty as charged in the information,” was sentenced to the penitentiary as for one offense only, has served his sentence, was…