People v. Johnson

By indictment defendant was accused of unlawfully selling heroin. At the arraignment, the indictment was amended to show that defendant’s true name is James Baker Johnson (changed from James J. Johnson). Thereafter, in court in the presence of defendant and his counsel, an amendment to the indictment was filed, alleging two prior convictions. (In Missouri—assault with intent to kill, a felony; in California—violation of section 11500 of the Health and Safety Code, a misdemeanor.) He was arraigned on the amendment, and he denied the prior convictions. Trial by jury was waived. It was stipulated that the prosecution’s case in chief might be determined upon the testimony and exhibits as shown by the grand jury transcript. Defendant was adjudged guilty, and the allegations as to prior convictions were found to be true. He was sentenced to state prison. He appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to support the judgment; that the deputy district attorney was guilty of prejudicial misconduct in cross-examining a witness; and that the court erred in permitting the indictment to be amended to recite…