State v. Brames

(dissenting in part) — I concur in the affirmance of the judgment against appellant Coliniatis, who is not charged with a prior conviction. I concur in the affirmance of the judgment against appellant Brames, who is charged with a prior conviction, solely upon the ground (1) that he has not, in a legal sense, been prejudiced by the charge of the prior conviction, since he challenged the information only by demurrer and did not move to have that charge stricken from the information; and (2) that error is claimed in his behalf touching evidence of that charge going before the jury, only in that…