Martinez

On December 13, 1921, the defendant was convicted upon an information charging him with the crime of statutory rape committed in Tulare County in June of that year. Four days after his conviction, to wit, on December 17th, the court convened for the purpose of pronouncing judgment against him, at which time he applied to the court to be admitted to probation. The hearing of this application was postponed to January 3, 1922, at which time his application was denied and judgment pronounced, all in accordance with the provisions of section 1191 of the Penal Code. From this judgment he has appealed.

First. Defendant’s first contention is that the court failed to pronounce judgment within the time prescribed by law. While section 1191 of the Penal Code provides that upon the conviction of a defendant the court must appoint a time for pronouncing judgment, which must not be more than five days thereafter, it further provides that where an application for probation is to be considered the court may extend such time for a period not exceeding twenty days. As appears from the record herein, there was an application made by defendant for probation and the time for hearing of the same was…