Matter of Application of Howell

Application upon habeas corpus for an order requiring that petitioner be discharged from the custody of the sheriff of the county of Los Angeles. The return admits the facts stated in the petition. It appears that, after trial upon a charge amounting to a misdemeanor, had in the justice’s court of San Jose township in the county of Los Angeles, petitioner was sentenced to pay a fine of five hundred dollars, or be imprisoned in the county jail until that fine be satisfied, and judgment of further imprisonment for a period of six months was imposed. The validity of that judgment is not here in question. After sentence, and within the time allowed by law, the defendant gave notice of appeal and deposited the sum of one thousand dollars as bail upon appeal, that amount being fixed by the justice. More than fifteen days thereafter, no statement on appeal having been prepared and no further proceedings having been taken or notices given on the part of the appellant, the justice, of his own motion, attempted to release the bond and issued a commitment, declining to retain the money given as bail pending appeal, which the defendant still offered and tendered to him. Under the' commitment…