Polich

The defendant having been convicted of the crime of robbery, appeals from the judgment and from an order denying his motion for a new trial.

The verdict was entered on March 27, 1914. The minutes of the court for M'arch 31st, after showing the presentation of a motion for a new trial and the ruling thereon, state that an application for probation was entered for the defendant “ and the ruling thereon and the matter of pronouncing judgment herein are continued to April 3, 1914.” On April 3rd the defendant was in court with his counsel; the application of defendant was denied and the court pronounced judgment against him.

The only reason suggested for a reversal is that the judgment was not rendered or pronounced until seven days after the rendition of the verdict. This matter is controlled by sections 1191, 1202, and 1203 of the Penal Code. The general rule is that judgment must be pronounced not less than two nor more than five days after verdict, but it is further provided, among other things, that “the court may extend the time not more than twenty days in any case where the question of probation is considered, in accordance with section 1203 of this code.” It is true, as…