In Re Bogden

Petitioner prosecutes this writ of habeas corpus to obtain his release from state prison on the ground that the term of his imprisonment has expired.

He was sentenced to a term of fourteen years’ imprisonment for burglary of the first degree. He was received at the prison July 7, 1914. He escaped therefrom December 7, 1914, and was returned thereto February 27, 1915. As a penalty for such escape, the state board of prison directors, on March 3, 1915, duly forfeited all credits earned and to ■be earned by him. He was also tried in court on a charge of having so escaped and was convicted and sentenced to imprisonment for a term of four years, the imprisonment to commence at the expiration of his term of fourteen years for burglary.

December 20, 1922, the Governor of the state commuted petitioner’s term of service to a total of ten years. The parts of the commutation material here are as follows: “The prisoner was punished once for his escape from prison by forfeiture of his credits amounting to five years and two months and was given a sentence of four years additional upon his conviction in court. . . . Unless Bogden is given relief through executive clemency he will not be…