Douglass

The defendant was convicted of the crime of assault with a deadly weapon. This appeal is by him from the judgment, and an order denying his motion for a new trial.

Several points are presented and argued on behalf of appellant, which we will proceed to consider.

The defendant-was accused, by the information, of assault with a deadly wrnapon, and of a prior conviction of a felony, viz., manslaughter. On his arraignment he pleaded guilty to the prior conviction of manslaughter, and not guilty as to the charge of assault with a deadly weapon. When the jury had been impaneled and sworn, it is stated, in the minutes of the trial, that “ the infor *283 mation is read and the plea of not guilty stated to the jury by the clerk."

It is urged on behalf of defendant that it was error to read the information to the jury. The counsel for defendant construes the statement above quoted as a statement that the whole information was-read, including both charges made in it, to one of which, as above stated, defendant had pleaded guilty. We do not so construe the statement taken from the minutes of the trial. We understand it as a statement that the charge .in the information as to the assault…