In Re Tobin

This application comes before us upon an appeal by the People from an order of the Superior Court of Sacramento County granting a writ of habeas corpus.

The record shows that the petitioner, John J. Tobin, was received at Folsom prison on the eleventh day of November, 1925, by virtue of a judgment of conviction of first degree robbery entered in the Superior Court of Los Angeles County. Thereafter the board of prison directors imposed a sentence upon the petitioner of a term of twelve years; on the eleventh day of July, 1931, the petitioner was granted a parole, effective immediately; on the fifteenth day of September, 1931, the petitioner was arrested and returned to the state prison at Folsom; on September 20, 1931, the board of prison terms and paroles, at its meeting in Folsom, ordered the petitioner back to prison, and thereupon he was again placed in custody within the prison walls at Folsom. On the twenty-ninth day of September, 1931, there was served on the said John J. Tobin a copy of charges preferred by the warden of the state prison at Folsom, charging him with altering certain prisoners’ records while acting as an assistant to the clerk in the record clerk’s office…