Lovelace

Defendant pleaded guilty to the crime of involuntary manslaughter. Although defendant was granted leave to file an application for probation, the trial court refused to consider it and denied probation to defendant on the sole ground that under the provisions of section 1203 of the Penal Code the trial court had no power or authority to grant probation to “one who in the perpetration of the crime inflicted great bodily injury.” The appeal is from the judgment; and the ultimate point raised by appellant is that the alleged error of the trial court in refusing to consider the application of defendant for probation on the ground specified was prejudicial to his substantial rights in the premises. (People v. Jones, 87 Cal. App. 482 [ 262 Pac. 361 ].)

That part of section 1203 of the Penal Code, upon which reliance was placed by the trial court and which is here urged as authority to sustain its refusal to consider the application of defendant for probation, is as follows: “Probation shall not be granted to any defendant who at the time of the perpetration of the crime or at the time of his arrest was armed with a deadly weapon (unless at the time he had a lawful right to carry the…