In Re Young

The petitioner was convicted of vagrancy December 22, 1931, in the Justice’s Court of Township Number Two, Merced County. He was sentenced to six months’ imprisonment in the county jail. His sentence was suspended and he was thereupon released on probation on condition that he would leave Merced. He failed to do so. Without warrant or formal charge of violating his parole, he was re-arrested December 28th in Merced and taken before the justice of the peace who tried the cause. His probation was revoked and he was sentenced to the county jail for the term of six months. In the original proceeding the docket recites: “December 28, 1931; Suspended sentence revoked and defendant committed to the county jail for six months.” The petitioner is now held in custody pursuant to the terms of his commitment.

The petitioner contends he was illegally arrested without ' a warrant, and that he is unlawfully restrained of his liberty for the reason that his suspended sentence was revoked without a trial upon the charge of violating the terms and conditions of his probation. It is asserted that the revoking of a suspended sentence, without the privilege of trial, violates the constitutional…