Frey v. Superior Court

FRICKE, J., pro tem.

Petition for writ of mandate to compel the trial court to reinstate and hear petitioner’s motion to set aside the judgment and in the event of a denial of such motion to allow petitioner to file a notice of appeal. Eespondents have demurred to the petition.

Petitioner was charged by information with the crime of burglary and with having suffered a prior conviction of a felony and having served a term of imprisonment therefor.

Petitioner's contention, that the failure to allege that' the entry was made “feloniously” renders the information fatally defective, is without merit.

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