Newman

The information filed against the appellant contained three counts, each charging him with a violation of a particular subdivision of section 337a of the Penal Code. In a nonjury trial, he was found guilty as to the third count which related to subdivision 3. 1 Counts 1 and 2, relating respectively to subdivisions 1 and 2, were dismissed. The appeal is from the judgment.

After there had been a waiver of trial by jury, it was stipulated that the People’s case in chief would be submitted on the transcript of the evidence received at the preliminary examination, it being specifically stated that any exhibits introduced and received at the preliminary hearing should be deemed “as accepted” for the purpose of the trial. It was further stipulated that the testimony of the defendant given at the preliminary hearing should be considered by the court and given the same force and effect as if the defendant had so testified at the trial. No other evidence was offered by either the People or the defendant. A summary of the evidence so presented to the trial court will be set forth herein.

George Renty, a police officer for the city of Los Angeles, testified that on March 28, 1959, at about…