In Re Bine

SHENK J.

This is a proceeding in habeas corpus to determine whether the court exceeded its jurisdiction in modifying the terms of petitioner’s probation.

Petitioner and four codefendants, Jarosh, Chapman, Sergent and Thrift, were charged with conspiracy to defraud certain insurance companies. Each pleaded guilty and requested probation. Probation reports were prepared in the probation department from information obtained from the defendants and from the investigation department of the district attorney’s office. At the probation hearing on June 18, 1956, the court stated that it had read the…