Patrich

The defendant was charged with burglary, was convicted of burglary in the second degree, and was sentenced to suffer imprisonment of five years in state prison. lie appealed from the judgment upon the judgment-roll alone.

On June 22, 1892, after the verdict of guilty had been rendered, the court entered the following order: “In this cause the defendant having been heretofore convicted of the crime of burglary, and this being the day set for sentence, therefore, upon motion of counsel for defendant, and the district attorney consenting thereto, it is hereby ordered that sentence in this cause be and the same is hereby suspended, and the defendant herein is hereby allowed to ship upon the United States ship ‘Independence/ a deep water vessel, and it is hereby ordered that the sheriff of the city and county of San Francisco be and is ordered to make a due return to this court.” On June 29, 1893, the sheriff solemnly made a return—as though he had been executing a judgment—as follows: “I hereby certify that I delivered the prisoner, George' Patrick, on board the receiving ship ‘Independence/ at Mare Island. He passed a satisfactory examina *333 tion and shipped as landsman under his…