In Re Collins

Habeas corpus. On June 1, 1907, Herbert L. Collins pleaded guilty to a charge of vagrancy, waived time for sentence on the charge, and a judgment of imprisonment for the term of six months in the county jail was rendered and entered against him thereon. The judgment was. not executed at the time; the justice of the peace before whom the proceedings were had merely made an entry in his docket of “Commitment withheld,’’ and allowed the defendant to have his liberty.

On February 29, 1908, a commitment in execution of said judgment was issued by the justice, and by virtue thereof the sheriff took the defendant into custody and confined him in the county jail. It is from this confinement his release is. sought.

Application for such release was made to the superior court of Kings county, in which county defendant was confined, and after a hearing his application was denied. It was thereupon renewed in this court.

Both demurrer and answer to the petition are presented' upon the return. Only one issue of fact is raised by the latter and no evidence was offered by either party in relation thereto. The petition alleges that at the time the order was made withholding the commitment the…