People v. Rosenberg

The district attorney of Los Angeles County filed an information wherein defendants were charged with the crime of burglary (Pen. Code, § 459) in that they wilfully and unlawfully entered the residence of Michael Pioritto with the intent to therein commit theft. As to appellant Rosenberg, the information charged a prior conviction for passing counterfeit money in the state of New York.

Appellant entered a plea of not guilty and denied the prior conviction. Trial by jury was duly waived and the People’s case was submitted on the transcript of evidence adduced at the preliminary examination,…