Hoffmann

The petitioner was convicted of a misdemeanor in the police judge’s court of the city and county of San Francisco, and appealed to the superior court. The record shows that on March 10th the judgment appealed from was affirmed by the superior court, and that on March 15th, for good cause shown, the remittitur which had been issued in the case was recalled, *476 and by stipulation in open court on the part of the people by the district attorney, and on the part of defendant by her attorney, B. F. Napthaly, Esq., the cause was again submitted to the court for decision upon the statement on appeal, both parties expressly waiving a jury trial, and consenting that the cause might be tried by the court; that on the same day the defendant was tried by the court and found guilty as charged; that a motion for a new trial was made on various grounds, among others, because the trial was had in the absence of defendant and of counsel employed by her; that on June 9th a motion for a new trial was denied, and on June 11th the court sentenced petitioner to pay a fine of $250, with the usual statutory alternative.

The petitioner bases her application for a writ of review upon an affidavit in…