Nicholson

Appellant was convicted under an indictment containing three counts charging violations of the Federal Firearms Act, Act of June 30, 1938, 52 Stat.L. 1250, 15 U.S.C.A. § 901 et seq.

Because of intervening adverse decisions of this and the Supreme .Court 1 the government confesses error in respect of .the conviction on counts two and three. The judgment must accordingly be reversed as to those counts. There remains for consideration count one, which charges the felonious transportation in interstate commerce in the year 1941 of a certain described firearm, the accused having been theretofore on September 13, 1928, at Los Angeles, California, “convicted of a crime of violence, to wit, first degree burglary.”

On the trial the government proved that appellant was convicted in 1928 in the Superior Court for Los Angeles County, California, of the crime of robbery of the first degree. The court admitted the exemplified copy of the judgment of.conviction over the objection of appellant, and later charged the jury that the words “first degree burglary,” as contained in count one of the indictment, were merely descriptive and surplusage, and • that if the accused was found to have been…