People v. Mock Don Yuen

By information filed in the trial court on the fifteenth day of June, 1923, the defendant was accused of the unlawful possession of a preparation of cocaine on the seventh day of June, 1923. The information further charged that on the twenty-seventh day of June, 1923, the defendant was convicted of the crime of the unlawful possession of a preparation of cocaine. The defendant entered a plea of not guilty and denied the prior conviction. During the impanelment of the jury that part of the information which charged the prior conviction was read in the presence of the prospective jurors and frequent reference thereto was made by the district attorney and the court, to all of which counsel for defendant objected. When reference was first made to the prior conviction, during the impanelment of the jury, counsel for defendant said: “We will withdraw our former plea, and we will plead guilty to the former conviction.” The court replied: “Then he will have to be rearraigned. He has already been arraigned and entered a plea of not guilty to the former conviction.” Throughout the impanelment of the jury counsel for defend ant continued to object to any reference to the prior conviction,…