People v. McQuiston

Defendant was charged with petty theft with a prior conviction of petty theft (§ 666, Pen. Code). The information alleged that on April 20, 1954, defendant was convicted of petty theft in the Municipal Court, Los Cerritos Judicial District, for which she served a term in the county jail. At the beginning of the trial, out of the presence of the jury, the allegation of the prior was amended simply as to date and place, to wit: February 7, 1951, Municipal Court, Long Beach Judicial District. The trial proceeded and after the defense rested, before rebuttal, the court, for “an insufficient…