Ex parte Rosenheim

— The petitioners are before us on a writ of habeas corpus. They ivere convicted in the police court of the city and county of San Francisco, December 10, 1888, of the crime of conspiracy, and sentenced respectively to serve a term of one year in the county jail, and to pay a fine, each, of one thousand dollars, and in default of payment thereof at the expiration of the one-year term of imprisonment, to be confined in said jail until the fine be paid, at the rate of one day for every dollar thereof.

The first point made by counsel for petitioner is, that the complaint under which they were prosecuted and convicted does not state facts sufficient to constitute a cause of action, and the judgment is therefore void. This point cannot be considered, because the complaint *389 is not before us; it is not made a part of the petition, it is not referred to in the return, no objection was made to the sufficiency of the return, and no offer was made at the time the matter was submitted to make the complaint a part of the record for our consideration.

The next point urged against the validity of the judgment is, that the court below abused its discretion, and imposed a fine which is…