McGregar

The defendant was convicted of an attempt to commit burglary in the first degree, and appeals from the judgment, and order denying a new trial. Several points are relied on for a reversal of the judgment.

1. It was not error for the court to ask the defendant upon his arraignment whether he had suffered the prior convictions charged against him in the information. (People v. Wheatley, ante, p. 114, and cases there cited.)

2. It does not appear that the clerk read to the jury that part of the indictment which charged defendant with prior convictions. As the defendant had confessed the former convictions, the presumption is, that the clerk performed his duty as prescribed in section 1093 of the Penal Code, and omitted that part of the indictment *142 which related thereto; and this presumption is not overcome by anything in the record, which merely states that “ the information charging the defendant with the above crime (not crimes) was ¡read and plea (not pleas) of not guilty stated to the jury.” No objection was made at the time, and it is quite clear that there is no affirmative showing of error on this point.

3. The sentence — ten years — does not exceed the maximum term of…