Pembroke

Defendant was convicted of the crime of robbery, and has appealed to this court from the judgment, the order denying his motion for a new trial and the order denying his motion for an arrest of judgment.

The first point raised on the appeal concerns the action of the trial court in allowing to be read, from the transcript of the proceedings before the committing magistrate, the testimony of one Edward Stanley, who, it was shown, had left the state of California, and at the time of the trial was absent from and residing out of the state. The objection made to the reading of such testimony was that the transcript did not appear to be certified as required by subdivision 5 of section 869 of the Penal Code. From the transcript in question it appears that on the eighteenth day of July, 1906, when the magistrate read the charge to the defendant and fully informed him of his rights in the premises, one Mabel Walsh was appointed shorthand reporter for that occasion. The examination of the defendant was set for the eighteenth day of August, 1906. At the end of the statement of the proceedings had on the said eighteenth day of July appears the certificate of Mabel Walsh, as such reporter,…