Conley

This is an appeal from a judgment in' which the defendant was sentenced to imprisonment in the state prison for a term of four years after conviction of the crime of pimping.

The record shows that the verdict finding the defendant guilty was rendered on February 10, 1914, and that the cause was continued for judgment until February 24th; and that thereupon, a petition for probation being interposed, the case was continued until the tenth day of March, 1914, when the application for probation was denied and the above-mentioned judgment rendered. No motion for a new trial was made at that time and no appeal taken from that judgment, but on the ninth day of April, 1915, the court being in some manner advised that it had exceeded its duty in imposing a sentence upon the defendant of four years in the state prison, whereas the maximum term for which the defendant could have been sentenced was three years, undertook to recall the defendant from the state prison where he had been sent, and thereupon undertook to modify or set aside the first judgment which had been rendered and to resentence the defendant. The record shows that on the fourteenth day of April a so-called judgment was…