Ex Parte White

Petitioner, one Bud White, was convicted of the crime of petit larceny and was sentenced to “pay a fine of $500 or be imprisoned in the county jail one day for each dollar of said fine.” He was subsequently discharged on writ of habeas corpus heard by the judge of the superior court of Mendocino county. Thereafter the district attorney of said county served notice on the attorney for petitioner directing him to “take notice that the people of the state of California ex rel. J. H. Smith, sheriff of the county of Mendocino, state of California, and J. H.^ Smith, as sheriff of the said county of Mendocino, hereby appeal to the district court of appeal for the third district, state of California, from the order and judgment in the above-entitled action in the above-entitled court and entered on the sixth day of July, A. D. 1905, in favor of Bud White, and from the whole thereof.” Whether the district attorney or sheriff could use the name of the people of the state without the consent of the attorney general first obtained is a question raised, but we will not consider it.

Will an appeal lie to this court from the order or judgment? The question arose in 1852, in Matter of Perkins, 2…