In Re Glavich

Upon the application of petitioner a writ of habeas .corpus was issued herein and the petitioner was admitted to bail pending the determination of the proceeding.

Petitioner alleges that he was convicted in the justice’s court of the offense of unlawful possession of intoxicating liquor; that on the twenty-first day of May, 1925, judgment was entered against him as follows: “It is ordered and adjudged that the defendant, Luke M. Glavich, pay a fine of $500 or be imprisoned in the county jail 500 days”; that petitioner is illegally imprisoned in the county jail under a commitment based upon such judgment. The contention is that the judgment is void in so far as it provides for imprisonment in default pf payment of the fine. Petitioner relies upon the case of Ex parte Baldwin, 60 Cal. 432 , holding that a judgment couched in similar language was void as to the provision therein for imprisonment. In Ex parte Riley, 142 Cal. 124 [75 Pac. 665], however, a judgment in essentially the same form as that in the Baldwin case was upheld.

The sheriff’s return shows that he holds petitioner under a certified copy of a judgment pronounced on the twenty-first day of May, 1925. The judgment as…