Jordan

Appellant pleaded not guilty to the violation of Penal Code, section 274 (abortion), performed upon Delores Abalos. The case was submitted to the trial court on the preliminary hearing transcript; each side reserving the right to present additional evidence. After each side had argued, the prosecution moved to reopen for additional testimony. Appellant moved for a mistrial and the motion was granted.

Upon retrial the information was amended to charge appellant with a prior conviction under Penal Code, sections 182 and 274, which he denied. The court found appellant guilty as charged.

Appellant appeals on the grounds that: (1) the testimony of Mrs. Abalos was not sufficiently corroborated by other evidence ; (2) the trial court erred in ruling on the prior conviction, since it did not consider the file of that case (Los Angeles Superior Court No. 187164); and (3) the district attorney committed prejudicial error at the first trial by attempting to reopen the trial after both parties had rested.

The rules pertaining to corroboration are clearly stated in the recent ease of People v. Bawden, 208 Cal.App.2d 589, 596 [ 25 Cal.Rptr. 368 ], The court stated that ‘' Corroboration is…