In re Hickman

This is a petition to vacate and set aside the suspension of George W. Hickman, a member of the State Bar.

The petitioner was convicted in Alameda County of attempted grand theft, a crime involving moral turpitude. The verdict of guilty was returned and filed on February 26, 1937. The petitioner’s motion for a new trial was denied, whereupon he applied for probation. On March 17, his application was granted.

The order of probation contained the provision that “imposition of judgment and sentence be suspended for a period of five years, during which time the defendant is placed on probation. ’ ’ Then followed the conditions of the probation, including confinement in the county jail for the first fifteen months of the probationary period. On the day the order of probation was entered the petitioner gave oral notice of appeal from the order denying his motion for a new trial and also from the judgment. The determination of that appeal, in form an affirmance of the judgment and order, is found in volume 31 of California Appellate Reports, second series, at page 4 [ 87 Pac. (2d) 80 ].

Theretofore and on March 12, 1937, an order was made reciting that a “certified copy of judgment”…