In re Smith

VAN DYKE, P. J.

This is a proceeding in habeas corpus. This court heretofore issued its writ. The matter has been heard and submitted for decision. Petitioner alleged that on February 20,1959, he appeared without counsel in the Atwater Judicial District on a charge of driving an automobile while under the influence of intoxicating liquor, a charge commonly referred to as “ drunk driving ’ ’; that he was not informed of the true nature of the charge against him; that he did not plead guilty to that charge, but notwithstanding the absence of arraignment and plea he was sentenced to pay a fine of $263, which fine he paid, was sentenced further to six months in the county jail, which sentence was suspended, and was placed on probation for two years. After the issuance of the writ herein, return was made thereto by the attorney general, wherein the allegations concerning want of arraignment and plea were denied. Depositions were taken by stipulation and *819 were filed herein and there was introduced in evidence the docket of the court.

The docket shows that petitioner was arrested and charged with drunk driving; that he was arraigned, informed of his rights and of the charge against…