In Re Watson

It appears from the record in this case that petitioner was charged with the criminal offense designated in the docket of the Justice of the Peace of Calexico Township, Imperial County, before whom he was tried, as “theft of labor.” He entered a plea of not guilty and the ease was tried before the court without the intervention of a jury, and the following entry is the only record in the justice’s docket of the proceedings at the trial.

“Mar. 1. Case comes to trial all parties present Testimony taken and all parties put on their evidence. Before sentence is passed Attorneys for Defendants make a motion for new trial on the grounds of all stated in Section 1451 of the Penal Code. Notice of appeal given, after sentence of $100.00 fine or 30 days in County Jail is imposed on both of the defendants. 5 day stay of execution granted.”

No other or different judgment was entered in the justice’s docket, unless a statement made by the justice upon his denial of petitioner’s motion for a new trial on the first day of March, 1930, and which was incorporated in a statement on appeal to the superior court could be construed as a judgment. The record is as follows:

From this purported…