Crappa

The defendant was charged with the crime of grand larceny, alleged to have been committed on the fourth day of December, 1916. He was arraigned on the ninth day of December, 1916, and entered a plea of ■guilty. December 29, 1916, he was admitted to probation for a term of ten years. April 11, 1925, the order grant ing probation was revoked and the court entered judgment “that the said Prank Crappa be punished by imprisonment at San Quentin in the State Prison of the State of California, for the term of not less than the minimum and no greater than the maximum time provided by law.” This appeal is from the judgment.

Appellant contends that “the trial judge who revoked the probation of the defendant and imposed sentence was absolutely disqualified to act, since, as district attorney, he had previously represented the plaintiff ... in the same case.” Judge Murray, who revoked the order granting probation and sentenced defendant to imprisonment, was district attorney of Madera County at the time the information was filed. As such district attorney he appeared for the People at the arraignment and at the hearing of defendant’s application for probation. “No justice, judge, or justice…