Saenz

This is an appeal from a judgment of conviction of murder in the first degree, for which the defendant was sentenced to imprisonment in the state prison for life.

The first error assigned by the appellant is that the trial court erred in refusing to grant his motion to dismiss the information against him, filed on April 10th, charging him with murder in the first degree (upon which information defendant was tried), upon the ground that a former information filed herein on the thirteenth day of January, 1920, charging him with murder in the second degree had "been dismissed by the court on March 2, 1920.

[1] The proceedings under the first information are not before this court upon appeal; they have not been made a part of the record. Under the well-recognized rule that all presumptions are in favor of the regularity and correctness of the action of the trial court, we must assume that this order dismissing the former information was in all respects as required by section 1385 of the Penal Code. The case of People v. Disperati, 11 Cal. App. 469 , [ 105 Pac. 617 ], cited by the defendant in his argument before the trial court, does not aid the appellant here. It is true that that…