In Re Nichols

Habeas corpus. In the first count of the information petitioner was charged with “the crime of conspiracy to commit the crime of extortion”; and in the second count of the information with the “crime of conspiracy to falsely move and maintain a suit, action and proceeding.” On the trial of the action petitioner herein was convicted on each of such counts. Under the first count, by order of the trial court, petitioner was placed on probation, and under the second count she was sentenced to a term in the state prison.

In this proceeding it is the contention of petitioner that, notwithstanding the fact that the information formally contained two counts, as a matter of law but one offense was stated therein; that the order made by the trial court on the so-called first count of the information in granting probation to petitioner exceeded the jurisdiction of said court and that the sentence imposed on petitioner under the second count of the information was in excess of the jurisdiction of said court and consequently was a nullity.

The prosecution of petitioner in the criminal action was authorized by section 182 of the Penal Code, wherein, among other things, it is provided that if…