People v. Wallace

Vanclief, C.

The defendant was tried, in the county of San Bernardino, on an information by the district attorney, for an assault with a deadly weapon with intent to murder; but was convicted of only an assault with a deadly weapon. He appeals from the judgment and from an order denying his motion for a new trial.

1. It is contended that the plea of the defendant, as entered in the minutes of the court, was not in form or substance such as required by section 1017 of the Penal Code, viz:

“ Every plea must be oral and entere’d upon the minutes of the court substantially in the following form:

“2.…