Chester

In this case appellant was charged with having violated the terms of his probation and upon a hearing the court made an order revoking probation and remanding defendant to the state prison at San Quentin. Prom this order defendant appeals claiming that it is contrary to law and unsupported by the evidence and that it constitutes an abuse of the discretion vested in the court in probation matters. It appeared upon the hearing that defendant, convicted of second degree burglary, was granted probation, the term of probation being fixed at ten years, conditions of probation including a period of eighteen months’ incarceration in the county jail. After his release from custody, November 1, 1932, and while still on probation the defendant was arrested shortly after midnight on January 13, 1933, in an automobile in which two other men were riding. These two men had police records, one of many items extending over a period of years, the other a juvenile record, and in the car at the time of arrest were two revolvers, one a Smith & Wesson .32, the other a German 765 automatic, together with six .32-20 cartridges and eight .32 automatic shells, all of which were found together by the…