Lamanuzzi

Defendant was charged by an information filed in the superior court of Fresno County with the unlawful possession of intoxicating liquor and with having been previously convicted of a like offense. He was convicted on each charge and appeals from the judgment entered thereon.

It is urged that the previous conviction was not charged by the' information in the manner required by law; that the evidence was insufficient to support this charge, and that the court erred in admitting certain testimony over objection.

The information alleged that the defendant “in the police court of the city of Fresno previously pleaded guilty to the offense of possessing intoxicating liquor; that the judgment upon said plea of guilty was pronounced, rendered, given and made on the 3rd day of May, 1923, and has never since been reversed, annulled or set aside.” It is contended that the information was insufficient in that it failed to allege that the possession charged in the police court was unlawful.

We find no merit in this, as the pleading sufficiently described the judgment of conviction and no substantial right of the defendant was prejudiced by reason of the defect or omission, if any (Pen.…