Seaboard Surety Corp. of America v. Municipal Court
Opinion
Lead Opinion
Houser, J.
On thisappeal neither the city prosecutor of the city of Los Angeles nor any other attorney qualified to represent the respondents herein has seen fit to file a brief on behalf of the respondents.
The facts appear to be that following the conviction of a defendant in a .criminal action in the municipal court judgment was rendered to the effect that she pay a fine of $500, or that she serve fifty days in jail. Thereupon an appeal from said judgment ivas taken by said defendant, to the superior court. For the purpose of effecting the release of the defendant pending appeal from the judgment, the appellant herein executed its undertaking in attempted compliance with the provisions of sections 1273 and 1292 of the Penal Code. On the hearing of the appeal, the judgment of the municipal court was affirmed. Within three days thereafter the defendant surrendered herself into the custody of the municipal court for the purpose of satisfying the judgment against her by imprisonment, rather than by the payment of the fine imposed by the said judgment. As appears from an uncontradicted statement in the record herein, at that time the judge who presided in said court “stated that there were…