People v. Rand

I dissent because I cannot agree that defendant is entitled to reversal on account of evidence which he himself put before the court.

The record shows that when the ease was called for trial on October 17, 1960, a trial by jury was waived. Defendant, being represented by counsel, joined with the People in the following stipulation which was stated by the district attorney :

“The People offer to stipulate that the Court may consider the transcript of the preliminary hearing which resulted in the filing of Information No. 229,420, with the same force and effect as though the witnesses who were…