In Re Narvaez

It appears from the uncontroverted facts set forth in the petition that petitioner was, on September 19, 1906, arraigned in the justice’s court of Montezuma township, Solano county, on the charge of petit larceny, for the theft of two sacks of barley; he pleaded guilty thereto and was sentenced to imprisonment in the county jail for the period of one hundred and eighty days; that he was delivered to the sheriff of said county on said day and has been ever since said day, continuously and is now, confined in said county jail, by virtue of two judgments or commitments, and not otherwise, copies of which are attached to the petition and made part thereof; that the board of supervisors of said county duly and regularly allowed petitioner thirty days’ credit upon his aforesaid term of imprisonment.

It appears that the two judgments or commitments are identical and describe the same offense, the only difference being that the closing paragraph of one reads as follows: “To take effect upon the expiration of the judgment previously rendered upon the above-mentioned date in an action entitled as above.” The petition was filed on February 20, 1907, and the hearing was on February 23,…