O'Brien

This is an appeal from an order refusing to vacate an order correcting the minutes in respect of the plea entered by defendant. The minutes show that on October 11, 1882, O’Brien and two other defendants, indicted for murder, were in court, each appearing by counsel. “The indictment presented and filed herein was read with the indorsements thereon and a copy given to attorneys for defendants and upon motion of defendants’ attorney, it is ordered by the court that defendants be and are hereby allowed until next Monday at 10 o ’clock a. m. ’ ’—presumably to plead. The minutes then show that on October 16, 1882, defendant O’Brien “appears at the bar of this Court with his counsel, and the defendant being called upon to plead enters his plea of not guilty. ’ ’ The minutes next show that on November 28, 1882, “the Court met pursuant to adjournment,” and proceeds : “The People of the State of California vs. Chas. O’Brien et als., Defendant. Convicted of Murder of the First Degree. For Sentence.

“The District Attorney with the defendant and his counsel, F. D. Ryan, came in Court. The Defendant was duly informed by the Court of the indictment found against him for the crime of murder on…