30 P.2d 443 | Cal. Ct. App. | 1934
THE COURT.
On the thirteenth day of September, 1933, the petitioner was convicted and sentenced to six months' imprisonment, in the Justice's Court of the City of Sacramento, in the County of Sacramento, for an alleged violation of section
The judgment of the justice's court, so far as relevant here, is in the following words and figures:
"WHEREAS, on the 13th day of September, 1933, the defendant, W.V. Cowan, was duly convicted in the Justice Court of the City of Sacramento, County of Sacramento, and State of California, of the crime of failure to provide for minor children, committed within said City, on the ____ day of April, 1933, And at the time of conviction, the defendant waived a postponement of time for rendering judgment, and was informed by the court of the nature of the complaint, and of his plea and of the verdict, and was asked by the court whether he had any legal cause to show why judgment should not be pronounced against him; and no sufficient cause being alleged, or appearing to the court, it is therefore considered and adjudged by the court that the defendant, W.V. Cowan, be imprisoned in the county jail of the County of Sacramento for the term of six (6) months.
"RICHARD P. TALBOT, "Acting Judge of the Justice Court in and for said City of Sacramento." *211
This judgment was affirmed on appeal, and the judgment of affirmance is in precisely the same words, except that the word "his" is inserted before the word "minor".
[1] While the provisions of section
The judgment in this case not showing that the defendant has committed any crime, it follows that the writ should be granted, the petitioner discharged, and bail exonerated.
It is so ordered.