I concur in the judgment on the sole ground that, in view of the fact that the defendant at the time of his arraignment for judgment and sentence admitted his guilt, he has failed to show that he was prejudiced by any ruling of the trial court. He has fully supplied any deficiencies there may be in the evidence by his own admissions. Therefore, under section 4½ of article VI of the Constitution of the State of California we cannot reverse the judgment.
I fully concur in the statements in the majority opinion relative to the utter impropriety of the trial judge’s conduct toward the defendant. There is never a circumstance which justifies a trial judge in being discourteous to parties litigant or counsel in either a civil or criminal action.
A petition for a rehearing of this cause was denied by the District Court of Appeal on April 15, 1940, and an application by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on May 2, 1940. Carter, J., voted for a hearing. ■