People v. Ramirez

In an information filed on July 10, 1930, the defendant was charged with the crime of burglary. After a plea of guilty judgment was pronounced and he was ordered confined in a state penitentiary. On October 28', 1933, he filed a motion to vacate the judgment on the ground that the same was void and that the court had no jurisdiction to make and enter the same for the reason that the trial court, without any evidence before it to show the degree thereof, fixed the crime as burglary in the first degree. From an order denying this motion, this appeal is taken.

The sole contention here made is…