Ralph R. Benson v. State of California, Peter Pitchess, Sheriff of Los Angeles County, and Leland Carter, Probation Officer of Los Angeles County

The petitioner above named filed a petition for the Writ of habeas corpus in the district court. He also asked for release on bail. His petition was heard by the district judge who examined the entire record of petitioner’s case in the state courts of California where he was convicted of a felony, sentenced to a prison term of five years, his sentence was suspended and the petitioner placed on probation for said period of five years on condition that he first serve 180 days in the Los Angeles County jail and pay a fine of $5000. He began service of hir 180 day term on October 15, 1963, and after calculation of such good time allowance as he may have, he is due to be released from jail on or about the 29th day of February, 1964.

His conviction and sentence in the state court was affirmed. See People v. Benson, 206 Cal.App.2d 519 , 23 Cal.Rptr. 908 (August 24, 1962). Hearing was denied by the Supreme Court of California, and his petition for certiorari was denied in the United States Supreme Court, 374 U.S. 806 , 83 S.Ct. 1691 , 10 L.Ed.2d 1030 . After having thus exhausted his remedies in the state courts, he filed a petition for a writ of habeas corpus mentioned above. His…