Sherman

This is an appeal by the State under section 1506 of the Penal Code, from an order of the superior court granting petitioner a writ of habeas corpus.

Petitioner was convicted in the Superior Court in Los Angeles County upon two counts, each charging a felony— issuing checks without sufficient funds. Judgment was duly entered from which he appealed. The judgment was affirmed ( 100 Cal. App. 587 [ 280 Pac. 708 ]). None of the points raised in this proceeding was raised on that appeal. While confined in the state penitentiary the petitioner applied to the Superior Court of Marin County for a writ of habeas corpus. In his petition he alleged that the two judgment commitments under which he was held in the state prison are void because the judgments and the record concerning them failed to show that he was present when the judgments were pronounced, and also that they fail to show that he was asked whether he had legal cause why sentence should not be pronounced. The petitioner also alleged that the trial court had not at any time asked him if he had such legal cause and did not, prior to the pronouncement of the judgments, inform him of the nature of the charges against him, or of…