In Re Bost

The petitioner is imprisoned in the state prison at San Quentin, and seeks to be discharged therefrom on a writ of habeas corpus.

The following are the facts, as they appear from the allegations of the petition for the writ and the copies of the court records which are made part thereof: After having been found guilty by a jury in the Superior Court of Los Angeles County of the crime of manslaughter, and following the denial of a motion for a new trial, petitioner was sentenced to imprisonment in the state prison; and from the judgment of conviction he took an appeal. On October 18, 1929, pursuant to said judgment of conviction and in execution of the sentence, the court issued its commitment, by virtue of which petitioner was on November 9, 1929, delivered into the custody of the warden of the state prison at San Quentin and imprisoned therein. Shortly thereafter said superior court made an order, presumably under the authority of section 1333 of the Penal Code, directing the temporary removal of petitioner from the state prison to the county of Los Angeles, so that he might appear as a witness in a case pending therein; and on November 29, 1929, in obedience to said order the…