Schiaffino

The defendant was convicted pursuant to section 464 of the Penal Code, December 21, 1918, of burglary by means of explosives. The indictment charged him with “wilfully, unlawfully, feloniously and burglariously breaking and entering the store building . . . with intent to commit a crime. ...” The indictment failed to allege either the name or nature of the crime which it was alleged he intended to commit. No demurrer was filed. Upon conviction the defendant was sentenced to state’s prison for a term of from twenty-five to forty years prescribed by this section. He served six years of this sentence. The statute failed to designate whether commitment under this section should be made to the state’s prison or to the county jail. For this reason, upon a writ of habeas corpus, the appellate court of the first district held that the sentence was void, and remanded the prisoner with directions to the trial court to resentence him to the county jail. (In re Schiaffino, 70 Cal. App. 65 [ 232 Pac. 719 ].) Accordingly, on December 24, 1924, he was resentenced by the trial court to imprisonment in the county jail for a term of twenty-five to forty years. This sentence was then suspended, and…