People v. Verdier

Appellant was charged jointly with one F. W. with the crime of robbery. He pleaded guilty and asked for probation. Probation was denied, the court fixed the degree at first degree robbery and sentenced appellant for the term prescribed by law.

The appellant presents a reporter’s transcript of the proceedings at which the degree was determined by the court from which it appears that no evidence was taken on the subject. Instead the court referred to the testimony of a complaining witness taken on the trial of the codefendant who was acquitted of the charge by a jury, and concluded from his…