In Re Ahumada

On the eleventh day of May, 1928, in the municipal court of the city of Los Angeles, Francisco Ahumada was convicted of a misdemeanor committed in said city On the same day he was sentenced to pay a fine of $250-, or in default thereof to be confined in the city jail in the proportion of one day for each $10- of the fine unpaid, not to exceed 25 days. He was then taken to the Los Angeles county jail, where he remained until June 28, 1928, when he was removed to the Los Angeles city jail. It appears that on the tenth day of May, 1928, petitioner was charged by complaint with having committed a felony, and was thereafter immediately arraigned on the last-named charge and lodged in the county jail, which, it will be noted, was on the day previous to Ms sentence for the misdemeanor. The customary steps in the prosecution of the felony action were taken, terminating on June 28, 1928, in an acquittal of Ahumada. He thereupon at once applied to the sheriff for release, which was refused.

The theory of the petition is that his detention in the county jail, in all, 19 days up to June 28th, was pursuant to the judgment pronounced in the municipal court case, and hence that he is now…