In Re Rodgers

The record in this cause shows that the above-named Roy Rodgers, a person having suffered three prior convictions for felonies, was on the twenty-first day of June, 1928, found guilty of violating section 2 of chapter 339 of the Statutes of 1923, for which offense he was sentenced *Page 371 to the state prison at Folsom. Thereafter, and on the second day of September, 1931, the state board of prison terms and paroles fixed the term of imprisonment of said Roy Rodgers, as punishment for the offense of which he had been convicted, at fifteen years. Thereafter, and on or about the seventh day of October, 1931, the board of prison terms and paroles granted to said Roy Rodgers parole for the period of the last two years of said sentence, and at the same time, for meritorious service rendered to said institution, additional credits of six months. [1] Upon this hearing it is not denied or contended that if the petitioner's contention as to the construction which should be given to the law under which Roy Rodgers was convicted and sentenced, is correct, his term of imprisonment expired on the twenty-fourth day of August, 1931, and that he is now entitled to his liberty. The section of the…