People v. Wheatley

Citations

• 88 Cal. 114
• 26 P. 95
• 1891 Cal. LEXIS 658

Syllabus

<p>Criminal Law — Transfer of Cause — Departments of Superior Court — Presumption upon Appeal—It will be presumed upon appeal, nothing appears in the record to the contrary, that a transfer of a criminal cause from one department of the superior court to another was properly made by the presiding judge without objection from the defendant.</p> <p>Id. — Plea of not Guilty—Previous Convictions—Confessions.— A defendant charged with a particular offense and previous convi®. tions of other offenses may plead simply not guilty, and put in issue every material allegation of the indictment or information, or he may plead not guilty of the principal offense charged, and confess the previous convictions.</p> <p>Id. —Confession of Previous Convictions —Reading Indictment — Evidence. — Where a defendant charged with a particular offense and previous convictions confesses the previous convictions, the clerk, in reading the indictment or information to the jury, must omit therefrom all that relates to such previous convictions, and no testimony in regard to them can be offered or reference to them be made during the trial.</p> <p>Id. — Withdrawal of Plea as to Prior Convictions — Discretion of Court — Voluntary Confession.—A defendant who has pleaded not guilty to an information charging an offense and previous convictions may afterwards be permitted, in the discretion of the court, to withdraw his plea as to the charge of previous convictions, and enter a plea of guilty thereof; and if he voluntarily enters a plea of guilty after having pleaded not guilty, it cannot be objected that the plea of not guilty was not formally withdrawn.</p> <p>Id. — Oral Charge — Phonografhic Reporter — Presumption as to Official Duty — Appeal. —Where the oral charge of the court is printed in full in the record on appeal, it will be presumed that the phonographic reporter performed his duty, and took do-wn the charge in shorthand, although the record does not affirmatively so state.</p> <p>Id.—New