Stradwick

In an information filed by the district attorney, appellant Dave Stradwick was charged with the murder of Jimmie L. McCowen. In a jury trial, the appellant who was represented by counsel, was found guilty of murder in the second degree. His motion for a new trial and probation having been denied, he was sentenced to the state prison. Defendant substituted himself as his own attorney and appeals.

He first contends that he was denied due process of law and the equal protection of the law in that he was not indicted by the grand jury. It is a vain argument. As was stated in People v. Porter, 136 Cal.App.2d 461, 469 [ 288 P.2d 561 ], “The appellant’s contention on this point is adequately refuted by the citation of a few of the many cases which have held that prosecution by preliminary examination and information does not violate any constitutional provisions and *841 it is not requisite that a state prosecute by indictment only. (Hurtado v. California, 110 U.S. 516 [ 4 S.Ct. 111, 292 , 28 L.Ed. 232 ]; People v. Sewell, 95 Cal.App.2d 850 [ 214 P.2d 113 ].)”

Defendant next questions the sufficiency of the evidence to support the judgment. At the trial the prosecution offered the…