Fullerton

Two indictments were found against the plaintiff in error, under the act of June 25, 1910, known as the “White Slave Act.” The indictments were numbered 5,262 and 5,274. The first was filed April 17, 1913, and the second was filed May 1, 1913. The following is stated as ground fqr reversing the conviction on indictment 5,274: -That on June 13, 1913, while both indictments were in full force and effect, the plaintiff in error was brought to trial; that at that time no mentión was made of the indictment under which he was to be tried; that when the jury retired to consider their verdict, the court handed them indictment No. 5,274, and they thereafter brought in a verdict of guilty on that indictment. A motion to set aside the verdict and a motion for a new filial were denied, and the plaintiff in error was thereafter sentenced.

There are assignments of error, all of which raise substantially the same question—whether it was error to go to trial in the absence of election by the district attorney, or an order consolidating the two indictments. We find nothing in the record of the court below to show that error was committed. Although there were two indictments pending, the only…