Sapienzo

This is an appeal from an order denying a motion for a new trial and from an order of the court revoking its prior order granting appellant probation, and from the judgment /which was thereupon rendered.

The defendant was on January 10, 1922, duly arraigned upon a charge of assault with a deadly. weapon. He pleaded guilty at that time to the charge, and the date for pronouncing judgment was fixed for January 28, 1922. An application for probation was made, and the matter was referred to the probation officer on the same day. Thereafter and from time to time at defendant’s request imposition of sentence was continued until finally upon April 1, 1922, the court made an order releasing the defendant on probation. The order provided that defendant be released for ten years on condition that he give a bond in the sum of one thousand dollars and that he remain ip. Fresno until April 10, 1922, and if released on bond that he report to the probation officer during such period, and unless detained that he go east and remain, out of California during the term of his probation.

Subsequently the district attorney served notice upon defendant and his counsel that he would on July 8, 1922,…