In Re Daniels

This is an appeal from an order granting a writ of habeas corpus. The petitioner was released on bond pending the appeal.

The petitioner was convicted of a felony and sentenced to imprisonment in the state prison at San Quentin. He was received at that prison June 27, 1925. The prison board subsequently fixed his term of imprisonment at five years. He was released on parole. October 23, 1928, during his parole, he was convicted of a misdemeanor and sentenced to imprisonment in the county jail at Los Angeles for the term of six months. He served his term in the county jail, which sentence terminated May 13, 1929. The petitioner was thereupon returned to the state prison at Folsom to complete his sentence upon the charge of the felony. May 18, 1929, the prison board found him guilty of a violation of his parole. Pursuant to section 1588 of the Penal Code, as it then existed, the prison board revoked all of the petitioner’s past and future time credits. Without the benefit of time credits the petitioner’s term of imprisonment in the state prison expired June 28, 1930, provided the intervening period of six months during which he was imprisoned in the Los Angeles county jail is…