DORAN, J.
This is an appeal from an order denying a motion for a new trial.
Defendant was charged in two counts by information with violating subdivisions 2 and 3 of section 337a of the Penal Code.
A jury was waived and the matter submitted, by stipulation, on the preliminary examination transcript. No witnesses appeared.
Following the so-called trial the matter was disposed of by the trial judge in the following words, "The court now finds...
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