Payne

Appellant was charged with the crime of forgery alleged to have been committed in San Diego County on August 16, Í929. He entered pleas of not guilty and not guilty by reason of insanity. His trial was set for October 17, 1929. Before the trial commenced he withdrew both pleas and entered a plea of guilty and made application for probation. The hearing of this application was had on November 8, 1929. At this hearing it appeared that appellant, in 1925, had been charged with driving a vehicle upon a public highway of the state of California while under the influence of intoxicating liquor. He had entered a plea of guilty to the charge and had been granted probation for the term of two years. At the hearing on November 8, 1929, the question was raised by the district attorney as to the power of the court to grant probation should he so desire under these circumstances. The court had before it the report of the probation officer of San Diego County, which was very full and complete. On the bottom of this report the following appears: “The foregoing report has been considered on the defendant’s application for probation. S. M. Marsh, Judge of the Superior Court.” At the conclusion of…