Ex parte Mess

The defendant was, on an information regularly filed, convicted in the superior court of the city and county of San Francisco of the crime of forgery. The verdict was rendered on the 25th of October, 1883, and at the same time the 27th of the same month, at 10 o’clock, A. M.,

■ was set for pronouncing judgment. On that day the defendant, with his attorney, appeared in court; and upon his being asked why judgment should not be pronounced against him, he moved for a continuance of sentence for three weeks, which motion was denied. He also moved for a new trial, on the ground of newly discovered evidence. The court also denied this motion, and, as recited in the entry, “the defendant showing no legal cause why judgment should not be pronounced against him, ’ ’ the court proceeded to pronounce judgment of imprisonment in the state prison at San Quentin for seven ' years. The defendant, as appears by the return of the warden of the prison, was held in custody by him under an order of commitment from the superior court above named, regular on its face, issued upon this judgment. It is now contended that the judgment and process under which the defendant is detained are void, for the…