In Re Walker
Opinion
lead Opinion
Sturtevant, J.
This is an application for a writ of habeas corpus. From the petition it appears that the petitioner was found guilty of obtaining money under false pretenses. The information in the ordinary form pleaded that offense and in the ordinary form pleaded a prior conviction. The latter fact was not put in issue but was admitted by the petitioner and she went to trial on the offense charged in the information. The jury returned a verdict of guilty as charged. Thereafter she was sentenced to imprisonment in the state prison. She was received at the prison on January 21, 192-6. On the twenty-first day of January, 1927, -the board of prison directors proceeded to determine the length of time the petitioner should be confined in the prison. In doing so it made an order as alleged in the petition that the petitioner be confined “ . . . two (2) years on the first count of said information and five (5) years on the second count of said information running consecutively.” The petitioner asserts that the meaning of the order is that she be confined two years from January 21, 1926, on the charge of obtaining money under false pretenses and that she be confined five years from January 21, 1928, as…