Tideman

Defendant appeals from a judgment of conviction of second degree murder entered pursuant to a jury verdict, and from an order denying his motion for new trial.

By information defendant was charged in Count I with *577 illegal abortion (violation of Pen. Code, § 274) and in Count II with murder (violation of Pen. Code, § 187), each offense allegedly having been committed on the same date and against the same victim. On arraignment defendant pleaded not guilty to both counts. When the cause came on for trial defendant moved to withdraw his plea of not guilty to Count I (abortion). The motion was granted. Defendant then pleaded guilty to the abortion charge and immediately added the plea of once in jeopardy to his not guilty plea under Count II (murder). The trial court did not pronounce sentence and, a fortiori, defendant was not punished, on the plea of guilty to Count I. Rather, as was proper at that stage of the prosecution, the court referred the matter to the probation officer for investigation and report, and proceeded with the trial of the issues joined on Count II. At the conclusion of the evidence, but before argument, the court ruled that in the circumstances the plea of…