In Re Herriff

application involves the question as to when the term of the imprisonment of the petitioner expired or will expire. The petitioner was convicted of issuing a check with intent to defraud and was sentenced to serve the term provided by law in a state prison. He was received at the prison September 4, 1922. His term was fixed at ten (10) years on July 14, 1923. The credits which he earned amounted to three (3) years and six (6) months. Nothing to the contrary appearing, his term would have expired March 4, 1929. He was granted parole September 11, 1927. Thereafter he was _ constructively a prisoner till the end of his term—a prisoner outside of the prison walls instead of inside. His term commenced from the date he was received at the prison. It ran uninterruptedly thereafter except as otherwise provided by statute or the rules of the board of directors of the prison enacted pursuant to statutes authorizing the enactment of said rules. It is not contended that said term was interrupted by the provisions of any statute. However, it is contended that the term was interrupted by an order made by the prison board. On February 9, 1929, that board made an order which recited certain facts…