In Re Schiaffino

The petitioner was convicted in the superior court in Lake County of the crime of burglary with explosives as denounced in section 464 of the Penal Code. On January 3, 1919', he was sentenced by said superior court to foe confined in the state prison for the term prescribed by that section, to wit: not less than twenty-five nor more than forty years. He has instituted this proceeding in habeas corpus to secure his release from custody upon the ground that the section of the code, though defining the crime and providing for a term of punishment, does not either specify the place of confinement or declare the crime a felony. The provisions of the section so far as material to this proceeding are, “Any person who, with intent to commit crime, breaks and enters, . . . any building, . . . and opens any vault ... by use of nitroglycerin . . . shall be deemed guilty of burglary with explosives. Any person duly convicted of burglary with explosives shall be punished by imprisonment for a term of not less than twenty-five nor more than forty years.” Section 17 of the Penal Code provides: “A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other…