People v. Paysen

FRICKE, J., pro tem.

Appellant was tried by a jury and convicted of burglary in the second degree, after having suffered a prior conviction of grand larceny. , A motion for a new trial -was denied and thereafter appellant made a second motion for a new trial, and, that being denied, made application for a writ of coram nolis, which was also denied.

Appellant’s first assignment is that the court erred in receiving in evidence the testimony of the complaining witness given by her at the preliminary examination over the objection that such testimony was hearsay “ ambiguous and unintelligent”, that…