In Re Crawford

The petitioner, E. B. Crawford, a prisoner in the state prison at San Quentin, was ordered discharged therefrom on a writ of habeas corpus granted by the Superior Court in and for the County of Marin. From the order made in that behalf the People have taken this appeal. (Pen. Code, sec. 1506.)

At the time the order for the writ was granted the prisoner was serving two consecutive sentences imposed by the Superior Court in and for San Bernardino County, after having entered pleas of guilty to two counts of an information charging him jointly with one Woody with having had possession of, and with having operated, a still. On the first count the sentence was that he pay a fine of $1,000 and be imprisoned in the state prison for the term prescribed by law, and a like sentence was imposed on the second count. He entered the prison on March 6, 1929, and thereafter the prison board fixed the period of his sentence on the first count at three years and the period of his sentence on the second count at one year. No order was made by the superior court that the sentences should run concurrently, and consequently they operated consecutively. (Pen. Code, sec. 669.)

Both charges were founded…