Frankfort

This is a petition for a writ of mandate, to require respondent court and the judge thereof to approve an undertaking of bail. The petitioner was convicted upon an indictment charging him with the commission of certain acts in violation of the provisions of the Corporate Securities Act (Leering’s Gen. Laws, 1923 ed., Act 3814). The offense was such that under the provisions of section 14 of this act the defendant might be punished “by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by a fine not exceeding five thousand dollars, or by both such fine and' imprisonment.” The sentence pronounced against the defendant was that he be confined in the state prison at San Quentin until discharged according to law. This was in accordance with the indeterminate sentence law.

“A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a…