DORAN, J.
This is an appeal from the judgment and order denying a motion for a new trial.
Defendant was charged in the information with the violation of section 337a of the Penal Code; Count I for the violation of subdivision 2 and Count III for the violation of subdivision 3. A jury was waived and by stipulation the issues were submitted on the transcript of the preliminary examination. Defendant was adjudged guilty as to Count II and not guilty as to Count...
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