In Re Hudspeth

On petition of the applicant a writ of habeas corpus was issued and served. Return was duly made and the matter is submitted for decision.

In the Municipal Court of the city of Los Angeles petitioner was convicted on a misdemeanor charge and on Janu ary 18, 1929, was sentenced to a term of seven months in the city jail. Immediately he gave notice of appeal and the court ordered that he be admitted to bail in the sum of two thousand five hundred dollars. No undertaking of bail was filed, and the defendant remained in custody during the pendency of the appeal and has continuonsly been in custody of the chief of police and in the city jail since the eighteenth day of January. The judgment was affirmed and a certified copy of the order of affirmance having been filed in the Municipal Court, a commitment was issued and delivered to the chief of police on the eleventh day of March, 1929. This was in accordance with section 1470 of the Penal Code, except that the commitment went to the chief of police and not to the sheriff.

Petitioner claims that he has been imprisoned under the judgment since the eighteenth day of January, and that, therefore, his term of seven months’ imprisonment…