Beatty

The appellant was charged by an information with the offense of violation of chapter 339 of the Laws of 1923 (the Firearms Act), more specifically, the possession of a firearm capable of being concealed upon the person, he having been convicted previously of a felony. Having waived a trial by jury, he was found guilty and appeals from the judgment and the order denying his motion for a new trial. At the commencement of the trial it was stipulated that the case be tried upon the preliminary transcript, which was read into the record.

Pursuant to section 969b of the Penal Code, the People introduced in evidence copies of finger-print cards of the defendant taken at the state penitentiary in Ohio and the county jail at Los Angeles, both of which were exhibits at the preliminary examination, to establish the prior conviction. Thereupon the prosecution rested its case, and the defendant moved for a dismissal on the ground of the insufficiency of the evidence to prove a prior conviction since the foreign prison record was not properly authenticated. With this contention the trial judge agreed, but the prosecution was granted permission, irrespective of the stipulation, to reopen the…