In Re Maguth

The record herein discloses that, pursuant to the conviction of Edward Maguth in the Municipal Court of the city of Los Angeles, on a charge of reckless driving of an automobile, and following a judgment and sentence of the defendant to a term of ten days in the city jail of said city, he appealed from said judgment to the Superior Court, where the judgment was affirmed. As a part of said judgment of affirmance, by order of the Superior Court, a five-day stay of execution was granted to the defendant, at the termination of which time he was ordered to appear before the Municipal Court for further proceedings. Before the expiration of the five-day stay of execution granted to the defendant, the Municipal Court issued a commitment of the defendant to said city jail “for the term of ten days, and the said defendant be discharged at the expiration of said term.” On the day following the date of such commitment, and before the judgment had been executed either wholly or in part, the defendant appeared before the Municipal Court and was granted a further stay of execution for a period of ten days, with leave also granted to him to file an application for probation. At the same time the…