In Re Bateman

The petitioner seeks his liberty through a writ of habeas corpus. In a police court of the city of Bakersfield he was charged with unlawful possession of intoxicating liquor, and on June 27, 1928, he pleaded guilty to said charges and waived time for sentence. The allegations of the petition as to what was said and done by the police judge at that time being controverted by the return to this court, evidence was received in that behalf. Upon that issue we find that the judge orally rendered and pronounced judgment and sentence that the defendant pay a fine in the latter’s presence, but did not state to him that he be confined in the county jail in the event that such fine be not paid. However, the judge did then write upon the complaint, “or 180 days,” and two days later the judge wrote on the complaint, “given to 'July 3rd to get the fine.”

Respondent interposes a preliminary objection that petitioner has mistaken his remedy, and that even though the facts be as claimed by him, he may secure relief by appeal, and not otherwise. We have no doubt that if petitioner’s contention is sound as to the main legal issue involved, his only speedy and adequate remedy is through a writ of…