In Re Bouchard

The petitioner filed a petition for a writ of habeas corpus, seeking thereby to be discharged from the custody of the warden of San Quentin state prison. Prom the petition and the return thereto it appears that heretofore an information was filed in the superior court of San Diego County charging the petitioner with the crime of robbery, alleged to have been committed on the fourteenth day of March, 1917. The petitioner pleaded guilty to the crime of grand larceny; October 4, 1917, he was sentenced to “imprisonment in a state prison of the state of California for the term prescribed by law”; he was received at the prison October 6, 1917. Later, on the motion of the district attorney, of San Diego, the petitioner was taken back to San Diego, and on May 13, 1918, he was sentenced to/ ‘ imprisonment in the state prison of the state of California at San Quentin for the term of one (1) year”; and it is admitted that he has earned his credits under section 1588 of the Penal Code.

Under these facts and the law applicable thereto, is the petitioner entitled to be discharged?

The crime alleged against the petitioner was committed before July 27, 1917, the date upon which the…