Boling
People v. Boling
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment of conviction of the defendant of the crime of grand larceny, and an order denying him a new trial upon his demand there for, made under and by virtue of sections 1191 and 1202 of the Penal Code.
The verdict of the jury finding the defendant guilty of the offense charged was rendered on March 25,1 1916, and the court on that day made an order fixing March 28, 1916, as the time for pronouncing sentence. On the last-named day an order was made further continuing the time for sentence to April 4, 1916, on which day a motion for a new trial was made by the defendant and denied by the court, whereupon the defendant made an application to the court for probation, and the court extended the time for pronouncing judgment until April 20th in order to receive a report from the probation officer. On April 20th, at the request of the defendant, the court made an order continuing the time for pronouncing judgment until July 19, 1916, on which day the defendant moved the court for a new trial upon the ground that judgment had not been pronounced within the time limited by sections 1192 and 1202 of the Penal Code. Upon the hearing of said motion it appeared…