People v. Richman

JAMES, J.

Appellant was, by an information filed in the superior court of San Diego County, charged jointly with Richard Richman with having committed the crime of assault with a deadly weapon upon the person of Daniel W. Johnson. The assault was alleged to have been committed on or about the twenty-fourth day of October, 1914. At the trial the jury returned verdicts finding Richard Richman not guilty and finding E. Richman guilty of having committed a simple assault. Upon this verdict appellant was sentenced to serve a term of imprisonment in the county jail. This appeal was taken from the judgment.

Appellant contends that because he was called and examined before another court concerning matters affecting the transaction set forth in the information in this case, without having first had read to him section 1324 of the Penal Code, no further proceedings could be taken against him and that the court was without authority to pronounce the judgment as entered. This proposition was urged in the court below, first upon a motion to dismiss the proceedings and later by request for an instruction to be given to the jury. It appears from the record as presented by the reporter’s transcript that the Richmans, who were father and son, and Johnson, the complainant in this case, had some dispute concerning their rights to use water from a pumping plant. On October 24th an altercation occurred which resulted in physical force being resorted to between the parties. This prosecution was thereupon instituted, and later Richard Richman caused to be filed a complaint in the justices’ court charging Johnson with a similar crime as that which the latter had preferred against him. The hearing on the charge so preferred by Richman came on before the justice of the peace and the two Richmans were called as witnesses and testified at that examination. On March 27, 1915-, after the information was filed in this case and the defendants had entered their pleas thereto, the defendants presented a motion to dismiss. The ruling of the

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court was adverse to them. In the minute order in which was recorded the facts as to the hearing on the motion was contained the following recitation:

“Come the people by H. V. Mather, Esq., Deputy District Attorney, and come the defendants herein by counsel, Leroy A. Wright, Esq., and it is stipulated in open court that subsequent to Oct. 24, 1914, the day on which the fight occurred between defendants and Daniel W. Johnson, the defendants E. Bichman and Bichard Bichman were examined by Deputy District Attorney of San Diego County in the case of the