In re West

This matter comes before this court pursuant to a writ of habeas corpus, after a conviction had in the superior court was affirmed by the District Court of Appeal,—People v. West, 3 Cal. App. (2d) 568 [40 Pac. (2d) 278],—which decision has now become final.

Obviously, if the two counts in the amended indictment charged an identical offense in identical language, the defendant could not be convicted upon both counts. The proper method of procedure, if an identical offense was charged in identical language, would have been to dismiss one count, but as this is not the fact in this case, it was…