In Re Clark

In his petition for the issuance of this writ the applicant alleged that he was restrained of his liberty by the sheriff of Los Angeles County, and that his detention was illegal by reason of certain facts. These facts were, that immediately after applicant had been convicted in the superior court of Los Angeles County of the crime of burglary in the second degree, and sentence had been pronounced, the court suspended the execution of the sentence for a period of six months, under certain stated circumstances, which appellant contends amounted to an admission to probation for said period of six months; that thereafter said superior court caused applicant to be arrested and held on a commitment under said judgment for the purpose of causing him to be imprisoned in the state prison, as provided by said judgment. Appellant contends that because the order of suspension of judgment was not revoked within the said period of six months, the court lost its authority to proceed further in execution of the judgment.

The return shows that on February 8> 1924, after Clark had duly entered his plea of guilty of the crime of burglary in the second degree, he was duly sentenced to be punished…