In Re Sullivan

The petitioner was convicted of the crime of assault with a deadly weapon, and on December 22, 1905, the court rendered judgment that he pay a fine of $700, and directed that if said fine was not paid that he be imprisoned in the state prison at San Quentin until the fine was satisfied at the rate of $2 per day. Under the provisions of section 1215 of the Penal Code he was forthwith committed.to the custody of the proper officer, and a commitment in the' usual form was issued under seal of the court. Five days later, and before he was delivered to the officers of the said state prison, he was again brought into court, and, notwithstanding his objection, the said judgment was, on motion of the district attorney, vacated and set aside, and a second judgment was rendered which was identical with the first in every particular save that the county jail of Shasta county was designated as the place of imprisonment in case the fine was not paid. The motion above mentioned was based on the ground that the first judgment was “invalid, in excess of jurisdiction and voidable.” The second judgment as set forth in the return recites the facts above narrated, except as to the issuance of the…