Davis

This case was transferred to this court for hearing after decision by the District Court of Appeal for the reason that we desired to give further consideration to several of the points raised by the attorney-general, particularly in reference to the question as to whether the cáse as written conflicted with the reasoning to be found in the recent case of People v. Negra, 208 Cal. 64 [ 280 Pac. 354 ]. For reasons later made to appear,' it is our opinion that the reasoning of the District Court of Appeal is not in conflict with the reasoning of the Negra case, and it is likewise our opinion that the decision of the District Court correctly states the law applicable to this case. We, therefore, adopt as part of the opinion of this court the decision of the District Court of Appeal, Second Appellate District, Division One, written by Presiding Justice Convey, and concurred in by Justices Houser and York, which is as follows :

“In the indictment it is charged, and the record shows, that at the times to which the indictment refers the defendant was the duly appointed, qualified and acting chief deputy district attorney of the county of Los Angeles; that at and during said time there…