In Re Sanders

The petitioner applied for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by the warden of the state penitentiary. Upon the hearing, it appeared that the petitioner, as prisoner No. 30164, was received at San Quentin prison, December 21, 1916, from Los Angeles County, for the crime of forgery, under sentence to serve a term of four years and six months. On this term he was allowed the credits provided for under section 1588 of the Penal Code, and the allowance of said credits reduced the term to a net sentence of three years, three months, and fifteen days, entitling him to discharge under that judgment and commitment on April 6, 1920. On that date, April 6, 1920, he was discharged as convict No. 30164, but has since been held in prison by virtue of another judgment and commitment under which he was received in prison on April 6, 1913, as prisoner No. 26423 from the county of Santa Barbara, for the crime of forgery under the sentence of eight years. The sentence imposed in Los Angeles County in 1916 was imposed to run concurrently with the first term, and was imposed while the petitioner was on parole.

On June 30, 1916, the petitioner, while…