In Re Mitchell

The petitioner, Martin I. Welsh, acting in behalf of one John W. Mitchell, and claiming that he is unlawfully restrained of his liberty by the warden of the Folsom state prison, at Represa, this state, seeks the release of said Mitchell through the writ of habeas corpus.

The petition disclosed that Mitchell, in the month of December, 1911, was arrested upon a complaint, based upon section 270 of the Penal Code, charging him with the crime of omitting, without lawful excuse, to furnish necessary food, ■clothing, shelter, etc., for his minor children. Said crime being an indictable misdemeanor or an offense of which the superior court has triable jurisdiction, Mitchell was, in due course, arraigned before the superior court of Sacramento county upon an information charging him with said crime, and, upon said arraignment, entered a plea of guilty.

On the day of the arraignment of Mitchell and his plea of guilty, as stated, the court before which said proceeding took place, in the exercise of the power and authority vested in the courts of this state by section 1203 of the Penal Code, made an order suspending the imposition of sentence and placing Mitchell on probation pending his…