Pavey

The petition has been received by the court by mail from Leavenworth, Kansas, with request by letter that the court act thereon and grant the writ.

The petition shows that on December 20, 1926, an indictment was returned into the Superior Court of Orange County, charging' the petitioner herein with the crime of felony, committed by wilfully, etc., escaping from the county jail of said county while imprisoned therein after conviction of a crime. Presumably the indictment was intended to charge an offense under the provisions of section 107 of the Penal Code. (In re Haines, 195 Cal. 605, 622 [ 234 Pac. 883 ].)

Petitioner alleges that thereafter, on March 31, 1927, he filed in said Superior Court a demurrer to said indictment; “that thereafter, on the 8th day of April, 1927, an order was made by said Superior Court of the State of California, County of Orange, by which said demurrer was placed off the calendar of said court, and the court has declined to act upon the demurrer to the great harm and prejudice of this petitioner. A true copy of the Court’s order declining to act upon said demurrer is hereto attached and made a part of this petition.” In fact, there is no attached copy…