Carroll

Defendant Carroll appeals from the judgment of conviction entered against him following a nonjury trial upon an information in two counts charging him with the crime of assault with a deadly weapon in violation of section 245 of the Penal Code.

In seeking a reversal, appellant contends: (1) that the evidence was insufficient to support the convictions; and (2) that he “was denied due process by the trial judge in remanding him to jail if the trial was to be continued although he was then on bail.”

The second assignment is based upon a misinterpretation of the record. The reporter’s transcript makes it clear that when this cause was called for trial, appellant was not present; his counsel, Mr. Porter, appeared for him. The record reveals the following statements of counsel and the trial judge: “Mr. Porter: Mr. Carroll contacted me last night and said he would be here at 9:00 o ’clock this morning, and the Court knows my entire knowledge. The Court: I will have to issue a bench warrant and forfeit the bail. Mr. Porter: Yes. The Court: In the ease of bail, bail forfeited, bench warrant issued. Mr. Porter: Yes, your Honor. The Court: Let us see. There was a $2000 bail. Well, bail,…