People v. Newman

The information filed against the appellant contained three counts, each charging him with a violation of a particular subdivision of section 337a of the Penal Code. In a nonjury trial, he was found guilty as to the third count which related to subdivision 3.1 Counts 1 and 2, relating respectively to subdivisions 1 and 2, were dismissed. The appeal is from the judgment.

After there had been a waiver of trial by jury, it was stipulated that the People’s case in chief would be submitted on the transcript of the evidence received at the preliminary examination, it being specifically stated that…