People v. Smith

Opinion

GARGANO, J.

By information appellant was charged with murder in violation of section 187 of the Penal Code. Appellant stipulated to submit his case to the court for decision on the basis of the reporter’s transcript of the preliminaiy hearing; he was found guilty of murder in the first degree. Appellant was sentenced to state prison for the term prescribed by law. His appeal raises three main contentions for reversal: that the trial judge failed to inform appellant that his stipulation to submit his case to the court for decision on the transcript of the preliminary hearing was…