In Re Haines

Habeas corpus. The facts in the above-entitled matter are stipulated to be as follows:

Petitioner, by virtue of this charge, was imprisoned, detained, confined, and restrained of his liberty by W. W. Sublett, sheriff of the county of Shasta, at the county jail in said county, and it it was with regard to this custody that this court granted his petition for a writ of habeas corpus.

It is contended by petitioner that the charge under which he is held and thereby deprived of his liberty does not constitute a public offense, “inasmuch as, at the time of said alleged escape said George Haines was not a prisoner charged with or convicted of a felony, but was a prisoner convicted of a misdemeanor”; that section 107 of the Penal Code “applies only to prisoners charged with or convicted of a felony. The gist of said section is, ‘ Every prisoner charged with or convicted of a felony . . . who escapes or attempts to escape ... is guilty of a felony and is punishable as provided in section 108 of the Penal Code. ’ In between the words quoted, there appear several relative clauses, all beginning with the word ‘who,’ and connected by the disjunctive ‘or.’ It seems apparent that the relative…