Ex parte Donahue

The petitioner complains that he is illegally restrained of his liberty under a judgment of the Superior Court of Stanislaus County, by which he has been sentenced to pay a fine of five hundred dollars, and in default of payment to be imprisoned in the county jail until payment of the fine at the-rate of one dollar per day for each day’s imprisonment.

This judgment was rendered upon a verdict of simple assault. The verdict, however, was rendered upon an information against the petitioner which charged him with having committed the offense of assault with a deadly weapon. And it is contended…