Ex Parte Monckros Von Vetsera

Petitioner is in the custody of the warden of the state prison at San Quentin.

From the return to the writ it appears that he was delivered into the custody of the warden of said state prison in execution of two judgments rendered by the superior court of the county of Alameda, May 31, 1900, the term of imprisonment prescribed in each judgment being fourteen years, and the term in the second one to commence upon the expiration of the term of the first, it being recited that defendant had been convicted upon both charges before judgment was rendered upon either. The only possible criticism of the form of the judgments is that it is recited in each that defendant was convicted of a “felony,” the particular felony not being designated. That this form of judgment is sufficient to withstand an attack upon habeas corpus does not admit of discussion. (Ex parte Gibson, 31 Cal. 620 , [ 91 Am. Dec. 546 ] ; Ex parte Murray, 43 Cal. 455 ; People v. Kelly, 120 Cal. 271 , [ 52 Pac. 587 ].)

It results that the prisoner must be remanded unless he is now entitled to be discharged by virtue of certain proceedings had in and before the superior court of Marin county.

It appears that the…