O'Donnell

This is an application for a writ of mandate to require the respondent to accept and exercise jurisdiction of a certain proceeding instituted by the petitioner, as district attorney of Solano County, in the court of which the respondent is the presiding judge.

The facts as gleaned from the petition are: That one Luther R. Perry, having previously to the seventeenth day of July, 1914, been by a magistrate of Solano County held for trial in the said superior court for failure to provide his minor children, with the common necessaries of life (Pen. Code, sec. 270), was, on the day named, arraigned before said court upon an information charging him with that offense and thereupon pleaded guilty thereto; that thereupon the superior court, after due proceedings, made an order suspending the imposition of sentence and releasing the said Perry upon probation, upon certain specified conditions, for the period of three years; that thereafter the said Perry left the state of California and remained therefrom and beyond the jurisdiction of said court during the whole of said period of probation; that he violated the order of suspension of sentence and probation by leaving the state and by…