In Re Larabee

Petitioner is imprisoned in the state prison at San Quentin pursuant to a commitment issued by the Superior Court in and for Los Angeles County, based on a conviction of grand theft; and while thus imprisoned he applied to the Superior Court in Marin County for and was granted a writ of habeas corpus. At the conclusion of the hearing the court made an order remanding petitioner to the custody of the sheriff of Los Angeles County; and from said order the state has taken this appeal.

As grounds for the issuance of the writ petitioner alleged in his verified petition that the form of judgment embodied in the commitment was void for the following reasons: That neither the judgment nor the record concerning it showed that petitioner was present at the time of the pronouncement of judgment, or that the clerk of the court informed him of the nature of the charge, of his pleas thereto, or the verdict rendered thereon; and that he was not asked by the court or by anyone else whether he had any legal cause to show why the judgment should not be pronounced against him. Furthermore, it was alleged as a fact that at no time prior to the pronouncement of judgment, nor at all, was he informed…