284 P. 451 | Cal. | 1930
This is an application for a writ of mandate to compel the respondent Superior Court and judge thereof to issue an appropriate order to put into effect a judgment heretofore rendered in said court in an action entitled People v.Salvadore Maggio (No. 1947). In said action the defendant was charged by information with the crime of failure to stop and render aid, etc., a felony (committed on or about August 23, 1927), as defined by section 367c of the Penal Code. Maggio was convicted on November 16, 1927, *693
and sentenced to imprisonment in the state prison. He appealed from the judgment and from an order denying his motion for a new trial. The judgment and order were affirmed. (People v.Maggio,
[1] The facts of the case, which need not be further recounted, show no abuse of discretion on the part of the trial court in granting probation, provided the court had the power to make the order. The question of the power of the court under present law to grant probation after the affirmance of a judgment of conviction was determined in the recent case of Lloyd v.Superior Court, ante, p. 622 [
Richards, J., Seawell, J., Waste, C.J., Preston, J., Langdon, J., and Curtis, J., concurred. *694