In Re McVeity

Upon information filed, petitioner was tried and convicted of the crime of driving an automobile upon a public highway while under the influence of intoxicating liquor. The jury in its verdict recommended that the . defendant be punished by imprisonment in the county jail for a term of ninety days. The defendant applied for probation. The minutes of the court for March 1, 1929, show that the application for probation having been heard, “the court orders the application for probation submitted, and by the court it is ordered that the defendant be granted probation, and that he pay a fine in the sum of five hundred dollars, and on failure to pay said fine that he be imprisoned in the county jail of the county of San Diego at the rate of one day for each two dollars of the said fine, and the defendant is remanded to the custody o°f the sheriff of San Diego county, to be by him held until said fine is paid, as will more fully appear in the probation order signed and filed herein hereafter.” The probation order signed by the judge, of the same date, contains the same statement of the conditions of probation, together with some other particulars and regulations of the conduct of the…