Stowe v. Superior Court

PLUMMER, J.

Petitioner prays for an order of this court directing and commanding the superior court of the state of California, in and for the county of Sacramento, and Honorable Charles O. Busick, as Judge thereof, to hear and determine a certain petition filed in said court by the petitioner herein, in a certain action tried in said court, entitled

“The People of the State of California, Plaintiff,

v.

C. D. Stowe, Defendant.”

The record before us shows the following: That the petitioner herein on the fourth day of February, 1925, pleaded guilty to an information charging him with the crime of driving an automobile upon a public highway in the city of Sacramento, while under the influence of intoxicating liquor; that after the entry of said plea, the defendant asked that he be granted probation, which request, after hearing, was denied by said court, and on the eleventh day of February, 1925, the said court, the Honorable Charles O. Busick, presiding, rendered judgment against the defendant and pronounced sentence to the effect that the defendant be imprisoned in the state prison of the state of California, as provided by law, for the offense of which he pleaded guilty; that thereafter, and on the same day, the said court made its order that a commitment issue in accordance with said sentence, and that in pursuance of said order and judgment a commitment was duly issued, directed to the sheriff of the county of Sacramento, commanding him to deliver the person of the said defendant to the warden of the state prison at San Quentin, in execution of said judgment and sentence; that thereafter the defendant regularly, and in the manner provided by law, appealed from the judgment of said court entered in said cause to the appellate court of the third district of the state of California; that thereafter, and without filing any record on appeál in said cause, upon motion of defendant, the appeal theretofore taken by him from the judgment of said superior court to said district court of appeal was duly dis

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missed, by order of said district court of appeal, in and for the third appellate district; that thereafter, and on or about the twenty-fifth day of February, 1925, after notice regularly given, upon verified petition filed therein, said defendant moved said superior court of the state of California, in and for the county of Sacramento, to set aside the judgment and sentence theretofore entered against him in the cause hereinbefore referred to; that the said superior court and the said Honorable Charles O. Busick, presiding therein, then and there refused and still refuses to entbrtain or pass upon said motion, upon the ground that the said superior court’s jurisdiction over the cause of the