Monaghan

Appellant was indicted by the grand jury of the city and county of San Francisco for the crime of obtaining money by false pretenses.

The record shows that defendant was duly arraigned July 23, 1892, and plead not guilty, and was allowed until July 30th to withdraw the plea.

July 30th of the same year the plea was withdrawn and a demurrer to the indictment entered and time allowed to file briefs. The record shows that the demurrers were finally submitted, and December 28, 1892, it was ordered that the demurrer be overruled, and the cause continued to December 31,1892, for defendant to plead.

The record does not show that any thing was done in the case on December 31st, but April 8tli the cause was continued by consent'to April 15th.

No appearance is noted for April 15th, but on May 23d there is an entry in the clerk’s minutes (after title of court and cause), in these words: “ May 23d for trial.” May 23d the defendant and his counsel were in court, and the trial commenced. A jury was impaneled, the indictment read to the jury, and a statement made to the jury by the clerk that a plea of not guilty had been entered.

The trial then proceeded in due order, no objection being…